FIFTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
SENATE 
, 
S.No. 2706 
, 
Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
, 
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The Constitution, Article 15, Section 4 provides:· 
'11 
FEB 17 P 3 :17 
"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 United Nations Principles for Older Persons, which was adopted by the General 
Assembly in Resolution 46191 in 16 December 1991, provides: 
"The General Assembly x x x [e ]ncoura,ges Governments to incorporate 
the following principles into their national programmes whenever possible: x x x . 
"Older persons should be able to live in environments that are safe and 
adaptable to personal preferences and changing capacities. x x x 
, 
"Older persons should benefit from family and community care and 
protection in accordance with each society's syst~m of cultural values. 
"Older persons should have access to health care to help them to maintain 
or regain the optimum level of physical, mental and emotional well-being and to 
prevent or delay the onset of illness. 
"Older persons should have access to social and legal services to enhance 
their autonomy, protection and care. 
"Older persons should be able to utilize appropriate levels of institutional 
care providing protection, rehabilitation and social and mental stimulation in a 
humane and secure environment. 
' 
"Older persons should be able to enjoy human rights and fundamental 
freedoms when residing in any shelter, care or 'treatment facility, including full 
respect for their dignity, beliefs, needs and privacy and for the right to make 
decisions about their care and the quality of their lives. x x x 
"Older persons should be able to live in dignity and security and be free of 
exploitation and physical or mental abuse." 
" 
1 


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The State has the duty to protect its elderly members against violence and other abuses 
committed against them by those responsible for their care, protection, or custody. This Act 
penalizes dependent adult abuse, and institute programs and mechanisms for its prevention. l 
'. 
1 This bill was originally filed during the Third Regular Session oft~e Fourteenth Congress. 
2 


FIFTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
SENATE 
S.No. 2706 
Introduced by Senator Miriam ~fensor Santiago 
1 
AN ACT 
'11 
FEB 17 P 3 :17 
2 
PENALIZING DEPENDENT ADULT ABUSE AND INSTITUTING PROGRAMS AND 
3 
MECHANISMS FOR ITS PREVENTION 
Be it enacted by the Senate and the House oj Representatives of the Philippines in 
Congress assembled: 
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4 
SECTION 1. Short Title. - This Act shall be known as the "Dependent Adult Abuse 
5 
Prevention Act." 
6 
SECTION 2. Declaration of Policy. - It is hereby declaTed that the State values the 
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7 
dignity of older persons and guarantees full respect for human rights. The State also recognizes 
8 
the need to protect the family, particularly its elderly members, from violence and threats to their 
9 
personal safety and security. It is the duty of the family to take care of its elderly members while 
10 
the State may design programs of social security for them. 
11 
Towards this end, the State shall exert efforts to address abuses committed against 
12 
dependent adults. 
13 
SECTION 3. Definitions. - As used in this Act, unless the context otherwise requires: 
14 
(a) 
"Caretaker" means a related or nomelated person who has the responsibility for 
15 
the protection, care, or custody of a dependent adult as a result of assuming the responsibility 
16 
voluntarily, by contract, through employment, or by order of the court. 
17 
(b) 
"Department" means the Department of Sbcial Welfare and Development. 
18 
(c) 
"Dependent adult" means a person eighteen (18) years of age or older who is 
19 
unable to protect his or her own interests or unable to, adequately perform or obtain services 
20 
necessary to meet essential human needs, as a result of a physical or mental condition which 
• 
21 
requires assistance from another, or as defined by departQ1.ental rule. 
1 
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1 
(d) 
"Dependent adult abuse" means: 
, 
2 
(1) 
Any of the following as a result of the willful or negligent acts or 
3 
omissions of a caretaker: 
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4 
(A) 
Physical injury to, or injury which is at a variance with the history 
5 
given of the injury, or urneasonable confinement, urneasonable 
6 
punishment, or assault of ~ dependent adult. 
7 
(B) 
Exploitation of a dependent adult which means the act or process 
8 
of taking unfair advantage of a dependent adult or the adult's 
9 
physical or financial resources for one's own personal or pecuniary 
10 
profit, without the informed consent of the dependent adult, 
11 
including theft, by the use, of undue influence, harassment, duress, 
12 
deception, false representation, or false pretenses. 
13 
(C) 
The deprivation of the minimum food, 
shelter, clothing, 
14 
supervision, physical or mental health care, or other care necessary 
15 
to maintain a dependent adult's life or health. 
16 
(D) 
The deprivation of the minimum food, 
shelter, clothing, 
17 
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supervision, physical or' mental health care, and other care 
18 
necessary to maintain a dependent adult's life or health as a result 
19 
of the acts or omissions of.the dependent adult. 
20 
(E) 
Sexual exploitation of a dependent adult by a caretaker. "Sexual 
21 
exploitation" means any' consensual or nonconsensual sexual 
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22 
conduct with a dependent adult for the purpose of arousing or 
23 
satisfying the sexual desires of the caretaker or dependent adult, 
24 
which includes but is not limited to kissing; touching of the clothed 
25 
or unclothed inner thigh, breast, groin, buttocks, anus, pubes, or 
26 
genitals; or a sex act. 
27 
Sexual exploitation includes the transmission, display, 
28 
taldng of electronic image~ of the unclothed breast, groin, buttocks, 
29 
anus, pubes, or genitals of a dependent adult by a caretaker for a 
2 


1 
purpose not related to treatment or diagnosis or as part of an 
2 
ongoing assessment, evaluation, or investigation. 
It does not 
3 
include touching which', is part of a necessary examination, 
4 
treatment, or care by a qaretaker acting within tile scope of IDe 
5 
practice or employment of the caretaker; the exchange of a brief 
6 
touch or hug between the dependent adult and a caretaker for the 
7 
purpose of reassurance, comfort, or casual friendship; or touching 
8 
between spouses. 
9 
(2) 
Dependent adult abuse does not in,c1ude any of the following: 
10 
(A) 
Circlffilstances in which 'IDe dependent adult declines medical 
11 
treatment if the dependent adult holds a belief or is an adherent of 
12 
a religion whose tenets and practices call for reliance on spiritual 
• 
13 
means in place of reliance' on medical treatment. 
14 
(B) 
Circumstances in which the dependent adult's caretalcer, acting in 
IS 
accordance with the dependent adult's stated or implied consent, 
16 
declines medical treatment if the dependent adult holds a belief or 
17 
is an adherent of a religion whose tenets and practices call for 
, 
18 
reliance on spiritual means in place of reliance on medical 
19 
treatment. 
20 
(C) 
The withholding or withdrawing of health care from a dependent 
21 
adult who is terminally ill in the opinion of a licensed physician, 
22 
when the withholding or withdrawing of health care is done at the 
. 
, 
23 
request of the dependent adult or at the request of the dependent 
24 
adult's next of kin or guardian pursuant to law. 
25 
(e) 
"Emergency shelter services" means and includes, but is not limited to, secure 
26 
crisis shelters or housing for victims of dependent adult abuse. 
27 
(f) 
"Family or household member" means a spouse, a person cohabiting with the 
• 
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dependent adult, a parent, or a person related to the dependent adult by consanguinity or affinity, 
29 
but does not include children ofthe dependent adult whd are less than eighteen (18) years of age. 
3 


1 
(g) 
"Immediate danger to health or safety" means a situation in which death or severe 
, 
,. 
2 
bodily injury could reasonably be expected to occur without intervention. 
3 
(h) 
"Individual employed as an outreach person" means a natural person who, in the 
4 
course of employment, makes regular contacts with· dependent adults regarding available 
5 
community resources. 
" 
6 
(i) 
"Recklessly" means that a person acts or fails to act, with respect to a material 
7 
element of a public offense, when the person is aware of and consciously disregards a substantial 
8 
and unjustifiable risk that the material element exists or will result from the act or omission. The 
9 
risk must be of such a nature and degree that disregard'ofthe risk constitutes a gross deviation 
10 
from the standard conduct that a reasonable person would observe in the situation. 
11 
(j) 
"Secretary" refers to the Secretary of Social Work and Development. 
12 
(k) 
"Serious injury" means a disabling mental illness, or a bodily injury which creates 
13 
a substantial risk of death or which causes serious permanent disfigurement, or protracted loss or 
14 
impairment of the function of any bodily member or organ. 
15 
(1) 
"Support services" includes but is not, limited to community-based servIces 
16 
including aging assistance, mental health services, fiscal management, home health services, 
17 
housing-related services, counseling services, transportation services, adult day care services, 
,18 
respite services, legal services, and advocacy services. 
19 
SECTION 4. Dependent Adult Abuse Services. - The department shall establish and 
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operate a dependent adult abuse services program. The ,program shall emphasize the reporting 
21 
and evaluation of cases of abuse of a dependent adult who is unable to protect the adult's own 
22 
interests or unable to perform activities necessary to meet essential human needs. The program 
23 
shall include but is not limited to: 
24 
(a) 
The establishment of local or regional multidisciplinary teams to assist in 
25 
assessing the needs of, formulating and monitoring a' treatment plan for, and coordinating 
26 
services to victims of dependent adult abuse. The membership of a team shall include individuals 
27 
who possess knowledge and skills related to the diagnosis, assessment, and disposition of 
28 
dependent adult abuse cases and who are professionals practicing in the disciplines of medicine, 
, 
29 
public health, mental health, social work, law, law enforcement, or other disciplines relative to 
4 


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dependent adults. Members of a team shall include, but are not limited to, Department social 
2 
workers, lawyers, health care providers, and other persons involved in advocating or providing 
3 
services to dependent adults. 
4 
(b) 
Provisions for information sharing and case consultation among service providers, 
5 
care providers, and victims of dependent adult abuse. 
, 
6 
(c) 
Procedures for referral of cases among service providers, including the referral of 
7 
victims of dependent adult abuse residing in licensed health care facilities. 
8 
SECTION 5. Dependent Adult Protective Advisory Council. - There is established a 
9 
dependent adult protective advisory council. 
10 
(a) 
The advisory council shall consist of five members to be appointed by the 
II 
President of the Philippines. The members shall be al?pointed on the basis of knowledge and 
, 
12 
skill related to expertise in the area of dependent adult abuse including professionals practicing 
, 
13 
in the disciplines of medicine, public health, mental health, long-term care, social work, law, and 
14 
law enforcement. 
15 
(b) 
The members of the advisory council shall be appointed to terms of four years 
16 
beginning May 1. 
" 
17 
(c) 
Members shall receive actual expenses incurred while serving in their official 
18 
capacity. 
19 
(d) 
The advisory council shall select a chairperson, annually, from its membership. 
20 
(e) 
The advisory council shall: (I) advise the Secretary regarding dependent adult 
21 
abuse prevention; (2) evaluate laws and rules and make recommendations to Congress and to 
22 
executive branch departments regarding laws and rules concerning dependent adults; and (3) 
23 
receive and review recommendations and complaints from the public concerning the dependent 
24 
adult abuse services program. 
25 
SECTION 6. Dependent Adult Abuse Report~, -
(a) The department shall receive 
26 
dependent adult abuse reports, and shall collect, maintain, and disseminate the reports by 
27 
establishing a central registry for dependent adult abuse information. The department shall 
28 
evaluate the reports expeditiously. 
5 


1 
Reports of dependent adult abuse which is the result of the acts or omissions of the 
2 
dependent adult shall be collected and maintained in the files of the dependent adult as 
• 
3 
assessments only and shall not be included in the central"registry. 
4 
(a) 
All of the following persons shall report' suspected dependent adult abuse to the 
5 
department: 
6 
(I) 
A self-employed social worker; 
7 
(2) 
A social worker under the department; 
8 
(3) 
A social worker employed by a public or private person including a public or 
0, 
9 
private health care facility; 
10 
(4) 
A certified psychologist; 
11 
(5) 
A person who, in the course of employment, examines, attends, counsels, or treats 
12 
a dependent adult and reasonably believes the dependent adult has suffered abuse, 
13 
including, but not limited to: 
14 
(A) 
A member of the staff of a public ,health center, a member of the staff of a 
15 
hospital, or a member of the staff or employee of a public or private health 
16 
care facility; 
17 
(B) 
A police officer; or 
18 
(C) 
A health practitioner. 
19 
(b) 
Any other person who believes that a dependent adult has suffered abuse may 
20 
report the suspected abuse to the department of human services. 
21 
(c) 
Following the reporting of suspected dependent adult abuse, the department shall 
22 
complete an assessment of necessary services and shall',make appropriate referrals for receipt of 
23 
these services. The assessment shall include interviews with the dependent adult, and, if 
, 
" 
24 
appropriate, with the alleged perpetrator of the dependent adult abuse and with any person 
25 
believed to have knowledge of the circumstances of the case. The department may provide 
26 
necessary protective services and may establish a sliding fee schedule for those persons able to 
27 
pay a portion ofthe protective services. 
0, 
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(d) 
Upon a showing of probable cause that a dependent adult has been abused, a court 
29 
may authorize a person, also authorized by the departm,ent, to make an evaluation, to enter the 
6 


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1 
residence of, and to examine the dependent adult. Upon a showing of probable cause that a 
2 
dependent adult has been financially exploited, a court may authorize a person, also authorized 
3 
by the department, to make an evaluation, and to gain access to the financial records of the 
4 
dependent adult. 
5 
(e) 
The department may request information from any person believed to have 
6 
knowledge of a case of dependent adult abuse. The person shall cooperate and assist in the 
7 
evaluation upon the request of the department. If the department's assessment reveals that 
8 
dependent adult abuse exists which might constitute a criminal offense, a repOli shall be made to 
9 
the appropriate government agency. Appropriate government agencies shall also take any other 
10 
lawful action necessary or advisable for the protection of the dependent adult. 
11 
(t) 
If, upon completion of the evaluation, the department determines that the best 
12 
interests of the dependent adult require court action, the department shall initiate action for the 
13 
appointment of a guardian or conservator or for admission or commitment to an appropriate 
14 
institution or facility pursuant to the applicable procedures under the law, or shall pursue other 
15 
remedies provided by law. 
16 
(g) 
The department shall assist the cOUJi ~uring all stages of court proceedings 
17 
involving a suspected case of dependent adult abuse. 
• 
18 
(h) 
In every case involving abuse which is slfbstantiated by the department and which 
19 
results in a judicial proceeding on behalf of the dependent adult, legal counsel shall be appointed 
'. 
20 
by the court to represent the dependent adult in the proceedings, if the dependent adult cannot 
21 
secure the services of a lawyer. The court may also appoint a guardian ad litem to represent the 
22 
dependent adult if necessary to protect the dependent adult's best interests: The same attorney 
, 
23 
may be appointed to serve both as legal counsel and as guardian ad litem. Before legal counselor 
24 
a guardian ad litem is appointed pursuant to this section, the court shall require the dependent 
25 
adult and any person legally responsible for the support ?f the dependent adult to complete under 
26 
oath a detailed financial statement. If, on the basis of that financial statement, the court deems 
27 
that the dependent adult or the legally responsible person is able to bear all or a portion of the 
• 
28 
cost of the legal counselor guardian ad litem, the court shall so order. In cases where the 
7 


dependent adult or the leg;Uly responsible persoh is unable to bear the cost of the legal counselor 
2 
guardian ad litem, the expense shall be paid by the government. 
3 
(i) 
A person participating in good faith in reporting or cooperating with or assisting 
4 
the department in evaluating a case of dependent adult abuse has immunity from liability, civil or 
5 
criminal, which might otherwise be incurred or imposed based upon the act of making the report 
6 
or giving the assistance. The person has the same immunity with respect to participating in good 
, , 
7 
faith in a judicial proceeding resulting from the report or, cooperation or assistance or relating to 
8 
the subject matter of the report, cooperation, or assistance. 
9 
It shall be unlawful for any person or employer to discharge, suspend, or otherwise 
10 
discipline a person required to report or voluntarily reporting an instance of suspected dependent 
11 
adult abuse pursuant to this section, or cooperating" with, or assisting the department in 
12 
evaluating a case of dependent adult abuse, or participating in judicial proceedings relating to the 
13 
reporting or cooperation or assistance based solely upon the person's reporting or assistance 
14 
relative to the instance of dependent adult abuse. A person or employer found in violation of this 
15 
subsection shall be guilty of an offense and shall be lia~le on conviction to imprisonment for a 
16 
term not exceeding one (I) year and a fine not exceeding fifty thousand pesos (P50,000.00). 
17 
A person required by this section to rep0rt a suspected case of dependent adult 
18 
abuse who knowingly and willfully fails to do so shall be guilty of an offense and shall be liable 
19 
on conviction to imprisonment for a tern not exceeding one (1) year and a fine not exceeding 
20 
twenty thousand pesos (P20,000.00). A person required by this section to report a suspected case 
21 
of dependent adult abuse who knowingly fails to do so is civilly liable for the damages 
22 
proximately caused by the failure. 
23 
SECTION 7. Duties of Police Officers. - If a police officer has reason to believe that 
24 
dependent adult abuse, which is criminal in nature, has occurred, the officer shall use all 
25 
reasonable means to prevent further abuse, including but',not limited to any of the following: 
26 
(a) 
If requested, remaining on the scene as loog as there is a danger to the dependent 
27 
adult's physical safety without the presence of a poli~e officer, including but not limited to 
28 
staying in the dwelling unit, or if unable to remain at the scene, assisting the dependent adult in 
• 
29 
leaving the residence and securing support services or elI,lergency shelter services. 
8 
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I 
(b) 
Assisting the dependent adult in obtaining medical treatment necessitated by the 
, 
2 
dependent adult abuse, including providing assistance to the dependent adult in obtaining 
, 
, 
3 
transportation to the emergency room of the nearest hosp'ital. 
4 
(c) 
Providing a dependent adult with immediate and adequate notice of the dependent 
5 
adult's rights, The notice shaH consist of handing the dependent adult a copy of the foHowing 
6 
written statement, requesting the dependent adult to rea4 the card and asking the dependent adult 
7 
whether the dependent adult understands the rights: 
8 
(I) 
"If you are in need of medical treatment, you have the right to request that 
9 
the police officer present assist 'you in obtaining transportation to the 
10 
nearest hospital or otherwise assist you," 
11 
(2) 
"If you believe that police protec~ion is needed for your physical safety, 
12 
you have the right to request that the police officer present remain at the 
13 
scene until you and other affected parties can leave or safety is otherwise 
14 
ensured." 
IS 
(3) 
"You have the right to ask the court for the foHowing help on a temporary 
16 
basis: 
, 
17 
(A) 
Keeping the aHeged perpetrator away from you, your home, and 
18 
your place of work. 
19 
(B) 
The right to stay at your home without interference from the 
20 
alleged perpetrator. 
21 
(C) 
Professional counseling ,for you, your family, or household 
, 
22 
members, and the alleg(t,d perpetrator of the dependent adult 
23 
abuse." 
24 
The notice shall also contain the tdephone number of the local emergency 
25 
shelter services, support services, or crisis lines operating in the area. 
26 
SECTION 8. Creation and Maintenance of a Central Registry. - (a) There is created 
27 
within the department a central registry for dependent adult abuse information. The department 
28 
shall organize and staff the registry and adopt rules for its operation. 
9 


I 
(b) 
The registry shall collect, maintain, and disseminate dependent adult abuse 
2 
information as provided in this Act. 
3 
(c) 
The department shall maintain a tollefree',telephone line, which shall be available 
4 
on a twenty-four-hour-a-day, seven-day-a-week basis ?lld which the department and all other 
5 
persons may use to report cases of suspected dependent adult abuse and that all persons 
6 
authorized by this Act may use for obtaining dependent adult abuse information. 
7 
(d) 
An oral report of suspected dependent adult abuse initially made to the central 
8 
registry shall be immediately transmitted by the department to the appropriate government 
9 
agencies. 
10 
(e) 
The registry, upon receipt of a report of-suspected dependent adult abuse, shall 
, 
II 
search the records of the registry, and if the records of the registry reveal any previous report of 
12 
dependent adult abuse involving the same adult or if the records reveal any other pertinent 
• 
13 
information with respect to the same adult, the appropriate government agencies shall be 
14 
immediately notified of that fact. 
" 
15 
(f) 
The central registry shall include but not be limited to report data, investigation 
16 
data, and disposition data. 
17 
SECTION 9. Authorized Access. - (a) The confidentiality of all dependent adult abuse 
, 
18 
information shall be maintained, except as specifically provided by this section. 
19 
(b) 
Access. to dependent adult abuse information other than unfounded dependent 
20 
adult abuse information is authorized only to the following persons: 
21 
(1) 
A subject of a report including all of the following: 
22 
(A) 
To an adult named in a report as a victim of abuse or to the adJllt's attorney 
. 
, 
23 
or guardian ad litem. 
24 
(B) 
To a guardian or legal custodian, or that person's attorney, of an adult 
25 
named in a report as a victim of abuse. 
26 
(C) 
To the person or the attorney for the person named in a report as having 
27 
abused an adult. 
• 
28 
(2) 
A person involved in an investigation of dependent adult abuse including all of 
29 
the following: 
10 


! , 
I 
(A) 
A health practitioner or mental 'health professional who is examining, 
, 
" 
2 
attending, or treating an adult whom such practitioner or professional 
3 
.believes or has reason to believe has been the victim of abuse or to a 
4 
health practitioner or mental health professional whose consultation with 
5 
respect to an adult believed to have been the victim of abuse is requested 
'. 
6 
by the department. 
7 
(B) 
An employee or agent of the department responsible for the investigation 
8 
of a dependent adult abuse report. 
9 
(C) 
A representative of the department involved in the certification or 
10 
accreditation of an agency or program providing care or services to a 
11 
dependent adult believed to have been a victim of abuse. 
12 
(D) 
A law enforcement officer responsible for assisting in an investigation of a 
13 
dependent adult abuse allegation. 
14 
(E) 
A multidisciplinary team, if the depmiment approves the composition of 
15 
the multidisciplinary team and ,determines that access to the team is 
16 
necessary to assist the department in the investigation, diagnosis, 
17 
assessment, and disposition of a case of dependent adult abuse. 
18 
(F) 
The mandatory reporter who reported the dependent adult abuse in an 
19 
individual case. 
20 
(3) 
A person providing care to an adult inclmjing all of the following: 
21 
(A) 
The licensing authority for a facility providing care to an adult named in a 
22 
report. 
23 
(B) 
A person authorized as responsible for the care or supervision of an adult 
• 
24 
named in a report as a victim of' abuse or a person named in a report as 
25 
having abused an adult if the court or registry deems access to dependent 
26 
adult abuse information by such person to be necessary. 
27 
(C) 
An employee or agent of the department responsible for registering or 
28 
licensing or approving the registration or licensing of a person, or to an 
, 
29 
individual providing care to an adult and regulated by the department. 
11 


1 
2 
3 
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7 
8 
9 
10 
11 
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16 
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18 
19 
20 
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24 
of 
• 
(4) 
Relating to judicial and administrative proceedings, persons including all of the 
following: 
(A) 
A court upon a finding that inforJ?ation is necessary for the resolution of 
an issue arising in any phase of a case involving dependent adult abuse. 
(B) 
A court or administrative agency hearing an appeal for cOlTection of 
• 
dependent adult abuse information as provided in this Act. 
(C) 
An expert witness at any stage of an appeal necessary for. cOlTection of 
dependent adult abuse information as provided in this Act. 
(5) 
Other persons including all of the following: 
(A) 
A person conducting bona fide research on dependent adult abuse, but 
without information identifying individuals named in a dependent adult 
abuse report, unless having that irlformation open to review is essential to 
, 
the research or evaluation and the authorized registry officials give prior 
written approval and the adult, the adult's guardian or guardian ad litem, 
and the person named in a report as having abused an adult give 
permission to release the informat\on. 
'. 
(B) 
Registry or department personnel when necessary to the performance of 
their official duties or a person or agency under contract with the 
department to carry out official duties and functions of the registry. 
(C) 
A health care facility administrator or the administrator's designee, 
following the appeals process, for the purpose of hiring staff or continued 
employment of staff. 
SECTION 10. Redissemination of Dependent Adult Abuse Information. - (a) A recipient 
dependent adult abuse information authorized to receive the information shall not 
25 
redisseminate the information, except that redissemination shall be permitted when all of the 
26 
following conditions apply: 
27 
(1) 
The redissemination is for official purposes in connection with prescribed duties 
28 
or, in the case of a health practitioner, pursuant to professional responsibilities. 
12 


1 
(2) 
The person to whom such information would be redisseminated would have 
2 
independent access to the same information under section 9. 
3 
(3) 
A written record is made of the redissemination, including the name of the 
4 
recipient and the date and purpose ofthe redissemination. 
5 
(4) 
The written record is forwarded to the registry within thirty (30) days of the 
, 
6 
redissemination. 
7 
(b) 
The department may notify, orally, t~e mandatory reporter in an individual 
8 
dependent adult abuse case of the results of the case 'investigation and of the confidentiality 
'. 
9 
provisions of the Act. 
The department shall subsequently transmit a written notice to the 
10 
mandatory reporter of the results and confidentiality pwvisions. A copy of the written notice 
11 
shall be transmitted to the registry and shall be maintained by the registry as provided in this Act. 
, 
12 
SECTION 11. Sealing and Expungement of Dependent Adult Abuse Information. - (a) 
13 
Dependent adult abuse information relating to a particular case of suspected dependent adult 
14 
abuse shall be sealed ten (l0) years after the receipt of the initial report of such abuse by the 
15 
registry unless good cause is shown why the information should remain open to authorized 
16 
access. If a subsequent report of a suspected case of dependent adult abuse involving the adult 
17 
named in the initial report as the victim of abuse' or a"person named in such report as having 
18 
abused an adult is received by the registry within the ten-year period, the information shall be 
19 
sealed ten (10) years after receipt of the subsequent report unless good cause is shown why the 
20 
information should remain open to authorized access. 
21 
(b) 
Dependent adult abuse information which cannot be determined by a 
22 
preponderance of the evidence to be founded or unfouqded shall be expunged one (l) year after 
23 
the receipt of the initial report of abuse and dependent adult abuse information which is 
• 
24 
determined by a preponderance of the evidence to be unfounded shall be expunged immediately 
25 
when it is determined to be unfounded. 
26 
(c) 
However, if a correction of dependent adult abuse information is requested under 
27 
section 12 and the issue is not resolved at the end of ol(e year the information shall be retained 
" 
28 
until the issue is resolved and if the dependent adult abuse information is not determined to be 
29 
founded, the information shall be expunged immediately when it is determined to be unfounded. 
13 


" 
(d) 
The registry, at least annually, shall review and determine the current status of 
2 
dependent adult abuse reports which are at least one (1) year old and in connection with which 
3 
no investigatory report has been filed by the department. If no investigatory report has been 
4 
filed, the registry shall request the department to file ~ report. If a report is not filed within 
5 
ninety (90) days subsequent to a request, the report and relative information shall be sealed and 
6 
remain sealed unless good cause is shown why the information should remain open to authorized 
r 
' 
7 
access. 
8 
SECTION 12. Examination, Requests/or Correction or Expungement, and Appeal. - (a) 
9 
Any person or that person's attorney shall have the right to examine dependent adult abuse 
10 
information in the registry which refers to that perso~. The registry may prescribe reasonable 
11 
hours and places of examination. 
12 
(b) 
A person may file with the department within six (6) months of the date of the 
13 
notice of the results of an investigation, a written statement to the effect that dependent adult 
14 
abuse information referring to the person is in whole f,lr in part erroneous, and may request a 
, 
15 
correction of that information or of the findings of the in,vestigation report. The department shall 
16 
provide the person with an opportnnity for an administrative hearing to correct the information or 
17 
the findings, unless the department corrects the information or findings as requested. The 
18 
department shall delay the expungement of infotmatio~' which is not determined to be founded 
19 
until the conclusion of a proceeding to correct the information or findings. The department may 
" 
20 
defer the hearing until the conclusion of a court case relating to the information or findings. 
21 
(c) 
The decision resulting from the hearing, may be appealed to the family court 
22 
having jurisdiction in the place where the dependent adult resides by the person requesting the 
23 
correction. Immediately upon appeal the court shall order the department to file with the court a 
24 
certified copy of the dependent adult abuse information. 
25 
(d) 
Upon r,equest of the appellant, the record and evidence in such cases shall be 
26 
closed to all but the court and its officers, and access to the record and evidence shall be 
27 
prohibited unless otherwise ordered by the court. The clerk shall maintain a separate docket for 
28 
such actions. A person other than the appellant shall not permit a copy of the testimony or 
14 


1 
pleadings or the substance of the testimony or pleadings to be made available to any person other 
2 
than a party to the action or the party's attorney. 
3 
(e) 
If the registry corrects or eliminates information as requested or as ordered by the 
4 
court, the registry shall advise all persons who have received the incorrect information of the 
5 
fact. Upon application to the court and service of notice on the registry, an individual may 
6 
! 
. 
request and obtain a list of all persons who have received dependent adult abuse information 
7 
referring to the individual. 
8 
(f) 
In the course of any proceeding provid(ld for by this section, the identity of the 
9 
person who reported the disputed information and the identity of any person who has been 
10 
reported as having abused an adult may be withheld upon a determination by the registry that 
I 
11 
disclosure ofthe person's identity would be detrimental ~o the person's interest. 
12 
SECTION 13. Civil Remedy. - Any aggrieved person may institute a civil action for 
13 
damages or to restrain the dissemination of dependent adult abuse information in violation of this 
14 
Act, and any person proven to have disseminated or to have requested and received dependent 
15 
adult abuse information in violation of this Act shall be liable for actual damages and exemplary 
16 
damages for each violation and shall be liable for court costs, expenses, and reasonable attorney's 
17 
fees incurred by the party bringing the action. In no case, shall the award for damages be less than 
18 
ten (10) thousand pesos. The civil action may be instituted simultaneously with the criminal 
19 
action for violations of this Act. 
20 
SECTION 14. Registry Reports. - (a) The registry shall compile statistics, conduct 
21 
research, and issue reports on dependent adult abuse, provided identifying details of the subjects 
22 
of dependent adult abuse reports are deleted from any report issued. 
23 
(b) 
The registry shall issue an annual report on its administrative operation, including 
24 
information as to the number of requests for dependent adult abuse data, the proportion of 
25 
requests attributable to each type of authorized access, the frequency and nature of irregularities, 
26 
and other pertinent matters. 
27 
SECTION 15. Emergency Order for Protective Services. -
(a) If the department 
28 
determines that a dependent adult is suffering from dependent adult abuse which presents an 
29 
immediate danger to the health or safety of the dependtnt adult, that the dependent adult lacks 
15 
I. 


1 
capacity to consent to receive protective services, and that no consent can be obtained, the 
2 
department may petition the family court having jurisdiction over the place where the dependent 
3 
adult resides for an emergency order authorizing protective services. 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
(b) 
The petition shall be verified and shall include all of the following: 
(I) 
(2) 
(3) 
The name, date of birth, and address of the dependent adult who needs 
protective services. 
The nature of the dependent adult abuse. 
The services required. 
(c) 
. Upon finding that there is probable cause to believe that the dependent adult 
abuse presents an immediate threat to the health or safety of the dependent adult 
and that the dependent adult lacks capacity to consent to the receipt of services, 
. 
, 
the court may do any of the following: 
(1) 
Order removal of the dependent adult to safer surroundings. 
(2) 
Order the provision of medical services. 
(3) 
Order the provision of other available services necessary to remove 
conditions creating the danger to health or safety, including the services of 
peace officers or emergency servi6es personnel. 
(d) 
The emergency order expires at the end {)f seventy-two (72) hours from the time 
of the order unless the seventy-two-hour, period ends on a Saturday, Sunday, or 
legal holiday in which event the order is automatically extended to four p.m. on 
the first succeeding business day. An o~der may be renewed for not more than 
• 
fourteen (14) additional days. A renewal <;!rder that ends on a Saturday, Sunday, or 
legal holiday is automatically extended to four p.m. on the first succeeding 
business day. The court may modify or·terminate the emergency order on the 
petition of the department, the dependent adult, or any person interested in the 
dependent adult's welfare. 
(e) 
If the department carmot obtain an emergency order under this section due to 
inaccessibility of the court, the departl11ent may contact law enforcement to 
remove the dependent adult to safer surroundings, authorize the provision of 
16 


I 
medical treatment, and order the provision of or provide other available services 
2 
necessary to remove conditions creating the immediate danger to the health or 
3 
safety of the dependent adult. The 'department shall obtain an emergency order 
4 
under this section not later than four p.m. on the first succeeding business day 
5 
after the date on which protective or other services aTe provided. If the department 
6 
does not obtain an emergency order within the prescribed time period, the 
7 
department shall cease providing protective services and, if necessary, make 
8 
8TI'angements for the immediate return of the person to the place from which the 
, 
, 
9 
person was removed, to the person's plaqe of residence in the state, or to another 
, 
10 
suitable place. A person, agency, or institution acting in good faith in removing a 
II 
dependent adult or in providing services' under this subsection, and an employer 
12 
of or person under the direction of such a person, agency, or institution, shall have 
• 
13 
immunity from any liability, civil or criminal, that might otherwise be incurred or 
14 
imposed as the result of the removal or provision of services. 
15 
(t) 
The court may also enter orders as may be appropriate to third persons enj oining 
16 
them from specific conduct. The orders may include temporary restraining orders. 
17 
The court may enjoin third persons from any of the following: 
,. 
18 
(I) 
Removing the dependent adult from the care or custody of another. 
19 
(2) 
Committing dependent adult abuse on the dependent adult. 
20 
(3) 
Livi~g at the dependent adult's residence. 
21 
(4) 
Contacting the dependent adult in person or by telephone. 
22 
(5) 
Selling, removing, or otherwise disposing of the dependent adult's 
23 
personal property. 
24 
(6) 
Withdrawing funds from any bank, savings and loan association, credit 
25 
union, or other financial institution, or from a stock account in which the 
26 
dependent adult has an interest. 
27 
(7) 
Negotiating any instruments payable to the dependent adult. 
28 
(8) 
Selling, mortgaging, or otherw'ise encumbering any interest that the 
29 
dependent adult has in real propetty. 
17 


1 
(9) 
Exercising any powers on behalf of the dependent adult through 
, 
2 
representatives of the 
departm~nt, any court-appointed guardian or 
3 
guardian ad litem, or any official acting on the dependent adult's behalf. 
4 
(10) 
Engaging in any other specified litct which, based upon the facts alleged, 
5 
would constitute harm or a threat pf imminent harm to the dependent adult 
" 
6 
or would cause damage to or the loss of the dependent adult's property. 
7 
(11) 
This section shall not be construed and is not intended as and shall not 
8 
imply a grant of entitlement for services to persons who are not otherwise 
9 
eligible for the services or fop utilization of services which do not 
10 
currently exist or are not otherwise available. 
11 
SECTION 16. Criminal Penalties. - (a) Adult abuse information-
12 
(1) 
Any person who willfully requests, obtains, or seeks to obtain dependent adult 
13 
abuse information under false pretenses, .or who willfully communicates or seeks 
14 
to communicate dependent adult abuse, information to any person except in 
15 
accordance with this Act, or any person, connected with any research authorized 
16 
pursuant to this Act who willfully falsifies dependent adult abuse information or 
17 
any records relating to the information is guilty of a criminal offense, and shall be 
18 
punished by arresto mayor and a fine of ten thousand pesos (PlO,OOO.OO). Any 
19 
person who knowingly, but without criminal purposes, communicates or seeks to 
20 
communicate dependent adult abuse information except in accordance with this 
, , 
21 
Act, shall be punished with a fine of five thousand pesos (P5,OOO.OO), 
22 
(2) 
Any reasonable grounds for belief that a 'person has violated any provision of this 
23 
Act is grounds for the immediate withdrawal of any authorized access the person 
! 
24 
might otherwise have to dependent adult 'abuse information. 
25 
(b) 
Dependent adult abuse-
" 
26 
(1) 
Charges of dependent adult abuse may be initiated upon complaint of 
27 
private individuals or as a result of investigations by the department or 
28 
social service agencies or on the direct initiative of a law enforcement 
29 
agency. 
18 


•. 
I 
(2) 
A caretaker who intentionally commits dependent adult abuse on a 
2 
dependent adult in violation of this Act shall be punished by prision mayor 
3 
if the intentional dependent adult ~buse results in serious injmy. 
4 
(3) 
A caretaker who recklessly commits dependent adult abuse on a dependent 
5 
adult in violation of this Act shall be punished by prision correccional if 
. . 
6 
the reckless dependent adult abuse results in serious injmy. 
7 
(4) 
A caretaker who intentionally' commits dependent adult abuse on a 
8 
dependent adult in violation of this Act shall be punished by arresto 
9 
mayor if the intentional dependent adult abuse results in physical injury. 
10 
(5) 
A caretaker who recklessly commits dependent adult abuse on a person in 
11 
violation of this Act shall be pupished by arresto mayor if the reckless 
, 
12 
dependent adult abuse results in physical injmy. 
, 
13 
(6) 
A caretaker who commits dependent adult abuse by exploiting a 
14 
dependent adult in violation of this Act shall be punished by prision 
15 
correccional if the value of the pFoperty, assets, or resomces exceeds one 
16 
thousand pesos (Pl,OOO.OO). 
<, 
17 
(7) 
A caretaker who commits dependent adult abuse by exploiting a 
18 
dependent adult in violation of this Act shall be punished by arres/o 
19 
mayor if the value of the property, assets, or resomces is one thousand 
20 
pesos (PI,OOO.OO) or less. 
21 
(8) 
A caretaker alleged to have committed a violation of this Act shall be 
22 
charged with the respective offense cited, unless a charge may be brought 
23 
based npon a more serious offense, as provided for in other laws, in which 
24 
case the charge of the more serious offense shall supersede the less serious 
25 
charge. 
26 
SECTION 17. Rules and Regulations. - ,The Secretary of Social Welfare and 
27 
Development shall issue the necessary rules and regulations to carry out the objectives of this 
28 
Act. 
19 
! , 


I 
SECTION 18. Authorization of Appropriations. - To carry out the provisions of this Act, 
2 
there are authorized to be appropriated such sums as may be necessary for each fiscal year. 
3 
The Dependent Adult Abuse Services Prograrh shall be established with one (I) year 
4 
after the effectivity of this Act. 
5 
SECTION 19. Reportorial requirement. -
Wit~in two (2) years after the effectivity of 
6 
this Act, the Secretary shall submit a report to Congress on the costs and means to implement the 
• 
7 
provisions of this Act. Thereafter, the Secretary shall s\lbmit an annual report to Congress. 
8 
SECTION 20. Separability Clause. - If any prbvision or part hereof is held invalid or 
'. 
9 
unconstitutional, the remainder of the law or the provision not otherwise affected shall remain 
10 
valid and subsisting. 
11 
SECTION 21. Repealing Clause. - Any law, presidential decree or issuance, executive 
,. 
12 
order, letter of instruction, administrative order, rule or regulation contrary to or inconsistent 
13 
with, the provisions of this Act is hereby repealed, modified, or amended accordingly. 
14 
SECTION 22. Effectivity Clause. - This Act s~all take effect fifteen (15) days after its 
15 
publication in at least two (2) newspapers of general circulation. 
Approved, 
" 
20