Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

1313

HOUSE BILL NO.

Introduced by Honorable Wes Gatchalian

AN ACT
PROTECTING SENIOR CITIZEN FROM VIOLENCE, DEFINING ELDER
ABUSE, AND PRESCRIBING PENALTIES THEREFOR

EXPLANATORY NOTE

Each year, more and more senior citizens are abused, exploited, and
neglected. The usual victims are seniors who are older, frail, vulnerable,
and unable to help themselves and who depend on others to meet their
most basic needs. Abusers of senior citizens may be men and women,
family members, friends, or caregivers. In general, elder abuse is a term
referring to any knowing, intentional, or negligent act by a caregiver or any
other person that causes harm or a serious risk of harm to a vulnerable
adult.

From a young age, our culture has taught us to honor and respect
our elders. Filipino values dictate that we have a moral duty to maintain
and care for our elders. Although generally speaking, Filipino society
cherishes, respects, and cares for our elders more compared to western
societies, we cannot deny the fact that a number of our senior citizens have
become victims of physical, emotional, and economic abuse at the hands of
people who are entrusted with their care. Their advanced age and fragile
condition are taken advantage of by persons in charge of them and even by
members of their immediate family.


Studies have shown that elderly people who suffer abuse choose to
keep it to themselves and prefer to suffer in silence. The occurrence of
elderly abuse often goes unpublicized in our society, especially when the
perpetrators belong to their own family. In a case study presented by the
University of the Philippines-National College of Public Administration and
Governance, it was noted that children of the elders rank highest in number
in terms of perpetrating the abuse, followed by spouses and then
grandchildren.

Section 11, Article II of the 1987 Constitution provides that "{t]he
State values the dignity of every human person and guarantees full respect
for human rights." Section 4, Article XV also provides that "[t}he family has
the duty to care for its elderly members but the State may also do so
through just programs of social security.” To this end, the State engages to
protect our senior citizens who are more prone to abuse and because of
their weaker state, have less physical and mental agility to defend and
provide for themselves. As the number of older Filipinos grows
proportionally in this country, this bill seeks to provide special protection
for senior citizens through the prevention and deterrence of acts inimical to
the security and safety of + our _ senior _ citizens.
This Act will likewise provide them with legal remedies for immediate
protection, such as protection orders that victims may avail of. The State
must help our senior citizens claim their rights so they can lead dignified

and secure lives.

In view of the foregoing, considerations, approval of this bill is
earnestly sought.

WES GATCHALIAN


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

sf

HOUSE BILL NO. 313

—— eee
Introduced by Honorable Wes Gatchalian

ees

AN ACT
PROTECTING SENIOR CITIZEN FROM VIOLENCE, DEFINING ELDER
ABUSE, AND PRESCRIBING PENALTIES THEREFOR

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

1 SEC.1. Short Title. - This Act shall be known as the “Anti-Elder Abuse
2 Act”.

3 SEC. 2. Declaration of Policy - It is hereby declared the policy of the
4 State to value the dignity of senior citizens and thereby guarantee full respect
s for human rights. The State also recognizes the need to protect the family and
6 its members, particularly the senior citizens from all forms of violence, abuse,
7 neglect, exploitation and coercion, especially acts deleterious to their personal
8 safety and security.

9 Towards this end, the State shall exert efforts to address all forms of
10 violence, abuse, neglect, exploitation and coercion, especially acts deleterious
11 to their personal safety, security, dignity or any discriminatory act committed
12 against senior citizens in keeping with the fundamental freedom guaranteed
13. under the Constitution and the provisions of the universal Declaration of

14 Human Rights.


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SEC. 3. Definition of Terms. - As used in this Act.

a) Domestic violence refers to acts or threats of violence on a senior
citizen, to exclude an act of self-defense, committed by any of the following:

1) current or former spouse of the victim;

2) a person related by blood or marriage to the victim;

3) a person who is cohabiting with or has cohabited with the
victim;

4) a person with whom the victim shares a child in common;

5) a person who is or has been in a social relationship of romantic
or intimate nature with the victim; or

6) a person similarly situated to a spouse of the victim, or by any
other person, if the domestic or family violence laws of the
jurisdiction of the victim provide for legal protection of the
victim;

b) _Elder abuse refers to a single or repeated act, or lack of appropriate
action, occurring with any relationship where there is an expectation of trust,
which causes harm or distress to a senior citizen. It includes any act or series
of acts committed by any person against a senior citizen, within or outside the
family abode, which result or is likely to result in physical or psychological
harm, suffering or distress, or neglect including threats of such acts, battery,
physical assault, coercion or arbitrary deprivation of liberty. This includes
physical violence, psychological or emotional, economic or domestic violence,
and neglect or abandonment;

c) Emotional abuse refers to acts that include shouting, swearing,
scaring or humiliating a senior citizen through name-calling, ridicule, constant
criticism, accusing, blaming, showing disrespect, ignoring, or giving them the
silent treatment;

a) Safe place or shelter refers to any home or institution maintained or
managed by the Department of Social Welfare and Development (DSWD) or by
any other suitable place that is willing to accommodate the aggrieved senior

citizen; and


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e) Senior citizen refers to any resident citizen of the Philippines at least
sixty (60) years old as defined under republic Act. No. 9994, otherwise known
as the “Expanded Senior Citizen Act of 2010.”

SEC. 4. Acts of Violence Against a Senior Citizen. — Acts of violence
against a senior citizen are acts that cause harm or distress committed once or
repeatedly through any of the following:

a) Physical abuse or infliction of pain or injury with the use of physical
force resulting in bodily injury, physical harm, pain or impairment, suffering or
distress;

b) Psychological, mental or emotional abuse causing mental or emotional
suffering or distress;

c) Material exploitation through illegal or improper use of funds or
resources of the senior citizen; and economic or financial abuse through acts
that make the senior citizen financially dependent; and

d) Abandonment or desertion by leaving a senior citizen unattended at a
place for such a considerable length of time, as may be likely to endanger the
health and welfare of a senior citizen, by an individual who has assumed
responsibility for providing care for the senior citizen, or by a person with
custody of the senior citizen.

SEC. 5. Rights of a Senior Citizen Who is a Victim of Violence. —
During the pendency of the case involving violence against a senior citizen, in
addition to those provided under existing law, a senior citizen shall have the
following rights:

a) to avail of protection and legal assistance from the Public Attorney’s
Office (PAO) of the Department of Justice (DOJ) or any public legal assistance
office;

b) to be entitled to support services from the DSWD and the Local
Government Unit (LGU) concerned;

c) to be entitled to all legal remedies as provided for under the Family
Code;


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d) to be informed through the Senior Citizen Help Desk established
hereunder of the senior citizen’s rights and services available including the
right to apply for a protection order; and

¢) to be entitled to actual, compensatory, moral and exemplary damages.

SEC. 6. Mandatory Programs and Services for a Senior Citizen Who
is a Victim of Violence. - The DSWD, in coordination with the LGUs, shall
provide a senior citizen who is a victim of violence and similar acts the
following services:

a) a safe place or temporary shelter, such as senior housing or nursing
home or other suitable facility or service, when appropriate, as emergency
short-term shelters. This safe place or temporary shelter shall provide
counseling, psycho-social services, recovery or rehabilitation programs and
livelihood assistance;

b) counseling, healing, recovery and rehabilitation services; and

c) the appropriate programs to ensure the personal safety and security of a
senior citizen and prevent the recurrence of the violent acts committed against
them.

‘The Department of Health (DOH) shall provide medical assistance to senior
citizens who are victims or survivors of violence and similar acts.

SEC. 7. Response to a Request for Assistance. - In responding to a
request for assistance, a barangay official or law enforcer shall have the
following duties:

a) respond immediately to a call for help or request for protection of the
victim by entering the senior citizen victim’s dwelling, if necessary, whether or
not a protection order has been issued to ensure the safety of the victim;

b) confiscate any harmful object in the possession of the perpetrator, or
one which is within plain view;

c) transport the victim to a barangay hall, or to a clinic or hospital;

) assist the victim in removing personal belongings from the dwelling;


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e) ensure the enforcement of the Protection Order (PO) issued by the
Lupong Tagapamayapa, the Punong Barangay or Barangay Chairman and the
Court;

f) arrest the suspected perpetrator even without a warrant when any of
the acts of violence defined in this Act is occurring, or on a personal
knowledge, an act of violence has been committed, and there is imminent
danger to the life or limb of the senior citizen as defined in this Act; and

2) immediately report the call for assistance to the DSWD, the LGU or
accredited Non-Government Organization (NGO).

SEC. 8. Philippine National Police (PNP) Protocol in Responding to
Violence Committed Against a Senior Citizen. - The Philippine National
Police (PNP) is hereby directed to adopt a written protocol establishing written
guidelines and procedures to be followed by police officers in responding to
request for assistance and calls related to violence against senior citizens.

SEC. 9. Education and Training Programs for Law Enforcement
Officers and Persons Involved in Responding to Cases of Violence Against
a Senior Citizen. - All persons involved in responding to cases on all forms of
abuse, violence, threats to personal safety and security or any discriminatory
act committed against a senior citizen, shall be required to undergo education
and training. The PNP, in coordination with the LGU concerned and the DSWD
shall establish education and training programs to assist law enforcement
officers and barangay officials to enable them to properly handle cases of
violence against senior citizens and acquaint them with:

a) __ the nature, extent and causes of violence;

b) _ the legal rights of, and remedies available to victims of violence;

c) ___ the services and facilities available to victims or survivors;

d) __ the duties imposed on police officers in making lawful arrest and to

offer protection and assistance; and,
) the necessary techniques to be employed in handling incidents of
violence to minimize the likelihood of injury to the officer and promote the

safety of the victim or survivor.


SEC. 10. Mandatory Reporting of Domestic Violence.- A public officer
who receives a complaint of violence committed against a senior citizen or the
head of a public or private hospital, medical clinic or similar institutions, as
well as the attending physician or nurse, clinician, barangay health worker,
therapist or counselor who examined or rendered treatment to a senior citizen
victim shall make a report of the complaint, examination or treatment within
forty-eight (48) hours form the time of complaint, examination or treatment to
the nearest police station.

All public workers and medical professionals who have knowledge of the
incident involving domestic violence and to whom said abuse or violence was
reported or revealed in the course of the performance of official duty, shall
immediately report the incident to the proper authorities.

In all cases, a report shall be made to any law enforcement agency with
forty-eight (48) hours from knowledge of the same. Whereupon, investigation
shall immediately follow. The DSWD shall assign a social worker to verify
incidents of violence and file a petition for PO, if warranted.

SEC. 11. Establishment of a Senior Citizen Help Desk. - Every
barangay shall establish a Senior Citizen Help Desk which shall provide
immediate assistance to victim-survivors of abuse. Besides barangay officials, it
may be manned by representatives of the senior citizen sector or by members
of a local senior citizen organization designated and authorized by the
Barangay Council or Chairperson.

SEC. 12. Special Prosecution Units. - The DOJ is hereby directed to
establish special units that shall handle complaints of violence against senior
citizens as defined in this Act, and the prosecution thereof.

SEC. 13. Venue. - The Regional Trial Court (RTC) designated as a Family
Court shall have original and exclusive jurisdiction over cases of violence
against senior citizen as provided in this Act. In the absence of such court in
the place where the offense was committed, the case shall be filed in the
nearest RTC where the crime or any of its elements was committed at the

option of the complainant.


SEC. 14, Protection Order (PO). — A Protection Order (PO) is an
injunction under this Act that maybe requested or issued for the purpose of
preventing further acts of abuse or violence against senior citizens as specified
in Section 4 of this Act and granting other necessary relief. The provisions of
the PO shall be enforced by law enforcement agencies.

‘The types of PO that may be issued under this Act are, as follows:

a. Barangay Protection Order (BPO);

b. Temporary Protection Order (TPO); and

c. Permanent Protection Order (PPO).

The PO that may be issued under this Act shall include any or all of the
following reliefs:

a) Prohibition of the respondent or offender from threatening to
commit, personally or through another, any of the acts of violence as defined in
Sec. 4;

b) Whenever applicable, issuance of an order to the respondent or
offender to immediately leave the domicile or residence of the petitioner. If
personal effects must be removed from the residence, the Court shall direct a
law enforcement officer to accompany the respondent to the residence until
such time that respondent has gathered all belongings, and to escort the
respondent from the residence: Provided, that the victim or the aggrieved party
shall likewise be accorded the same protection contemplated herein;

c) Issuance of an Order to the respondent to stay away from the
petitioner within a distance to be determined by the Court: Provided, That the
order shall ensure the physical safety of the petitioner in the residence, place of
work, school and such other places frequented by the offended party;

d) Prohibition of the respondent from directly or indirectly
communicating or contacting the petitioner;

e) Issuance of an Order to proper law enforcement offices to enforce

the provisions of this Section;


f) Issuance of an Order to the DSWD and the Social Welfare
Development Office (SWDO) of the LGU concerned to provide therapy,
counseling and other support services to the aggrieved party or parties;

g) _ Issuance of an Order for the restitution for actual damages caused
by the violence inflicted, including but not limited to property damaged,
medical expenses, and loss of income; and

h) Such other relief of the deemed necessary by the Court for the
protection of the petitioner and such other persons who may be in need of the
same.

Any of the reliefs provided under this Section shall be granted even
in the absence of a decree of legal separation or annulment, or declaration of
duals.

‘The application for PO must be in writing, signed and verified under

absolute nullity of marriage in the case of married indir

oath by the applicant. If the applicant is not the victim, the application must be
accompanied by an affidavit of the applicant attesting to:
1) the circumstances of the disclosure of the violence or abuse
suffered by the victim; and
2) the circumstances of consent, or lack thereof, given by the
victim for the filing of the application.

When disclosure of the address of the abused senior citizen will pose
danger to that person’s life, it shall be stated in the application. In such a case,
the applicant shall attest that the victim is residing in the municipality or city
over which the Court has territorial jurisdiction, and shall provide a mailing
address for purpose of the service of court processes.

The standard application form for PO shall include the following
information:

1) names and addresses of petitioner and respondent;

2) description of relationship between petitioner and
respondent, in the case of violence within the context of
Section 4 of this Act;


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3) a statement of the circumstances and the nature of violence
or abuse;

4) description of the reliefs requested by the petitioner as
specified in this section;

5) request for counsel and reasons for such request;

6) _ request for waiver of application fees until hearing; and

7) an attestation that there is no pending application for a PO
in another Court.

The following persons may file the petition for a PO:

1) _ the offended party;
2) any member of the family or household of the victim as
defined in this Act;
3) social worker from the DSWD or the SWDO of the LGU or
any accredited social welfare organization;
4) law enforcement officer or agent;
5) lawyer, counselor, therapist or healthcare provider of the
petitioner; and
6) _ any concerned responsible citizen of the community who has
personal knowledge of the offense committed.

No filing fee shall be required in the application for a PO.

An application for a PO filed with the Court shall be considered an
application for both a TPO and a PPO.

SEC. 15. Transfer of Residence; New Application Needed. - A
petitioner previously granted a BPO under this Act and who desires to relocate
to a new residence outside the original city or municipality of residence has to
apply for a new BPO.

When a PO has been issued by a Court of competent jurisdiction and the
person in whose favor it is issued transfers to a place outside the court's
jurisdiction, the person may still have the order enforced by filing a petition
before a court in the place where the person has transferred. The petition to


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enforce the order shall include a copy of the previously obtained PO. The
respondent shall be noticed of the issuance of a new PO.

SEC. 16. Legal Representation of Applicant for a PO. - If a petitioner
for a PO is requesting for the appointment of a counsel because of lack of
economic means to hire a counsel de parte, the Court shall immediately direct
the Office of the Public Prosecutor who has jurisdiction over the case to
represent the petitioner in the hearing on the application sought. The applicant
who cannot afford to hire the services of a private counsel or lacks access to
family or conjugal resources such as when the same are controlled by the
abuse, shall qualify for legal representation by the DOJ, the Public Prosecutors’
Office or the PAO.

However, a private counsel offering free legal service is not barred from
representing the petitioner with the latter’s consent, and with the leave of
Court.

SEC. 17 Barangay Protection Order (BPO). - A Barangay Protection
Order (BPO) is issued by the Lupong Tagapamayapa and the Punong Barangay
or Barangay Chairman. The issuance of a BPO or the pendency of an
application for a BPO shall not preclude petitioner from applying for, the Court
from granting a TPO or PPO.

Application for a BPO shall follow the Rules on venue under the Local
Government Code of 1991 and its implementing rules and regulations.

A Punong Barangay or Barangay Chairperson who receives application for
a BPO shall issue the PO to the applicant on the date of filing after ex parte
determination of the basis of the application. If the Punong Barangay or the
Barangay Chairman is unavailable to act on the application for a BPO, the
application shall be acted upon by any available Lupong Tagapamayapa or
Barangay Kagawad. If the BPO is issued by a Barangay Kagawad that the
Punong Barangay and the Lupong Tagapamayapa were not available at the
time of the issuance of the BPO.


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A BPO issued by the Lupong Tagapamayapa, a Punong Barangay or
Barangay Chairperson and Barangay Kagawad may cover only the relief
provided in Section 14 hereof and shall be effective for fifteen (15) days.
Immediately after the issuance of an ex parte BPO, the Punong Barangay or
Kagawad shall personally serve a copy of the same to the respondent, or direct
any barangay official to personally serve the order.

Within forty-eight (48) hours of issuance of an ex parte, BPO, the Punong
Barangay or Barangay Kagawad must refer the case to the Lupong
Tagapamayapa. The case shall be heard by the Lupong Tagapamayapa within
seven (7) days from the date of referral and within the fifteen (15) - day
effectivity period of the ex parte BPO.

Notice of the hearing shall be given to both parties. Subsequent to a
hearing on the merits of the application, the Lupong Tagapamayapa may
extend a BPO that grants relief under Section 14 for a period of six (6) months.
The issuance of a BPO shall not preclude any applicant from applying or
receiving a subsequent BPO concerning the same matter.

SEC. 18. Temporary Protection Oder (TPO). - A Temporary Protection
Order (TPO) may be issued by a Court prior to the issuance of a Permanent
Protection Order (PPO) and shall be based on an application under Section 14
herein. Any application for TPO or PPO must be made with territorial RTC,
Metropolitan Trial Court, Municipal Trial Court or Municipal Circuit Trial Court
with territorial jurisdiction over the place of residence of the offended family or
the senior citizen victim who suffered violence described under Section 4 of this
Act: Provided, however, That if a Family Court exists in the place of residence of
the person for whom the application is made, the application shall be filed with
that Court.

A Court that receives an application for a PO shall issue a TPO on the date
of filing of the application for ex parte determination that such order shall be
issued. The TPO shall be effective for thirty (30) days. The Court shall schedule
a hearing on the issuance of a PPO prior to or on the date of expiration of the


TPO. The Court shall order the immediate service of the TPO on respondent by
the Court Sheriff who may obtain the assistance of law enforcement agents for
the purpose. The TPO shall include a notice of the hearing on the merits of the
issuance of PPO.

SEC. 19. Permanent Protection Order (PPO). - A Permanent Protection
Order (PPO) may be issued only by the Court after notice and hearing.

Any application for TPO or PPO must be made with a RTC, Metropolitan
Trial Court, Municipal Trial Court or Municipal Circuit Trial Court with
territorial jurisdiction over their place of residence of the offended family or the
abused senior citizen who suffered violence described under Section 4 of this
Act: Provided, however, That if a Family Court exists in the place of residence of
the person for whom the application is made, the application shall be filed with
that Court.

Respondent’s non-appearance despite proper notice, or lack of a lawyer, or
the non-availability of respondent's lawyer shall not be a ground for
rescheduling or postponing the hearing on the merits of the issuance of a PPO.
If the respondent appears without counsel on the date of the hearing on the
PPO, the Court shall appoint a lawyer for the respondent and immediately
proceed with the hearing. In case the respondent fails to appear despite proper
notice, the Court shall allow ex parte presentation of the evidence by the
applicant and render judgment on the basis of the evidence presented. The
Court shall allow the introduction of any history of abusive conduct of a
respondent even if the same was not directed against the applicant or the
person for whom the application is made.

The court shall, to the extent possible, conduct the hearing on the merits
of the issuance of a PPO in one(1) day. Where the court is unable to conduct
the hearing within one (1) day and the TPO issued is due to expire, the court
shall continuously extend or renew the TPO for the duration of the case until
final resolution on the case is issued. Provided, however, that the PPO may be
modified by the Court accordingly to address the needs of the applicant.


The Court may grant any, some, or all of the reliefs provided in Section 14
hereof through a PPO. A PPO shall be effective until revoked by a Court upon
application of the person in whose favor the order was issued. The Court shall
ensure immediate service of the PPO on respondent.

The Court shall not deny the issuance of a PO on the basis of the lapse of
time between the act of violence or abuse as defined in Section 4 herein, and
the filing of the application.

Regardless of the conviction or acquittal of the respondent, the Court must
determine whether or not the PPO shall become final. Even in a dismissal of
the application for a PPO, the same shall be granted as long as there is no clear
showing that the act which the order might arise did not exist.

Failure to act on an application for a PO within the period specified in the
previous sections without justifiable cause shall render the Lupong
Tagapamayapa, the Punong Barangay or the Barangay Chairman, the
Barangay Kagawad, the Official of the Judge administratively liable.

SEC. 20. Priority Action on Application for a Protection Order. —
Hearings on applications for a PO under this Act shall have priority over all
other proceedings. Barangay officials, Lupong Tagapamayapa and the Courts
shall schedule and conduct hearings on applications for a PO under this Act
above all other businesses and, if necessary, suspend other proceedings in
order to hear applications for a PO.

Respondents shall be notified of the issuances of a PO.

SEC. 21. Prohibition Against Undue Influence Over a Protection
Order Applicant. - A Lupong Tagapamayapa, a Punong Barangay or Barangay
Chairman, or the Court hearing an application for a PO shall not order, direct,
force or in any way unduly influence the application for a PO to compromise or
abandon any of the reliefs sought in the application for a PO provided 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 the
proceedings where relief is sought under this Act.


Failure to comply with this section shall render the concerned individual,
official or Judge administratively liable.

SEC. 22. Mutual Protection Order Prohibited. - No order for protection
of the offender or respondent may be granted by a Lupong Tagapamayapa or a
Punong Barangay or Barangay Chairman and the Courts.

SEC. 23. Complaint Against a Violation of Protection Order. - A
complaint on the violation of a BPO issued under this Act shall be filed directly
with any Municipal Trial Court, Metropolitan Trial Court, or Municipal Circuit
Trial Court that has territorial jurisdiction over the barangay that issued the
BPO. Violation of a BPO shall be punishable by imprisonment of thirty (30)
days without prejudice to any other criminal or civil action that the offended
party may file for any of the acts committed under Sec. 4 hereof.

A judgment on a violation of a BPO may be appealed according to the
Rules of Court. During trial and upon judgment, the trial court may motu
proporio issue a PO as it deems necessary without need of an application.

A violation of any provision of a TPO or a PPO issued under this Act shall
constitute contempt of Court punishable under the Rules of Court, without
prejudice to any other criminal or civil action that the offended party may file
for any of the acts committed in accordance with Section 4 hereof.

Any violation of a PO issued under this Act shall constitute an offense
punishable by imprisonment of thirty (30) days, without prejudice to any
criminal or civil action that the offended party may file against a person who
has committed any acts described in Section 4 hereof.

A complainant on a violation of a PO shall be filed by the complainant
directly with the Court that issued the order, or with that Court in the place of
residence of the complainant, if the former is not practicable. A criminal case
for violation of a PO shall be tried and resolved by the Court within sixty (60)
days from the date the complaint was filed. The Court, upon determination of
probable cause, shall cause the arrest of the accused who may post bail in the
interim in an amount to be determined by the Court.


A judgment on a violation of a PO may appealed according to the Rules of
Criminal Procedure. During trial and upon judgment, the Court may motu
proprio issue a PO as it deems necessary.

SEC. 24. Hold Departure Order. - A hold departure order shall be issued
immediately by the Court against the respondent of a complaint of abuse
against a senior citizen as described under this Act.

SEC. 25. Penalties. — Commission of the acts described under Sec. 3
hereof shall suffer the following penalties:

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.

b) Acts falling under Section 4 (a) resulting in mutilation shall be
punishable in accordance with the Revised Penal Code: Provided, that those
resulting in serious physical injuries shall be punishable with the penalty of
prision mayor; those resulting in less serious physical injuries shall be
punishable by prision correctional and those resulting in slight physical injuries
shall be punishable by arresto mayor.

c) All other acts enumerated in Section 4 hereof shall be punishable
by prision correctional and a fine in an amount not less than One hundred
thousand pesos (P100,000.00)but not more than Three hundred thousand
pesos (P300,000.00).

In addition to these penalties, a person found guilty of any of the acts
enumerated in Section 4 hereof shall be required to undergo mandatory
psychological counseling or psychiatric treatment and shall report compliance
therewith to the court.

‘A Barangay Official or law enforcer who fails to respond to any request for
assistance or protection from or on behalf of a victim shall suffer imprisonment
of six (6) moths to one (1) year, at the discretion of the Court and pay fine of
not less than Five thousand pesos (P5,000.00), but not more than Ten
thousand pesos (P10,000.00).


Any person who fails to report any act of violence described in Section 3
hereof as required herein shall be liable for a fine of not less than Ten
thousand pesos (P10,000.00). Whenever applicable, criminal or administrative
charges may also be filed.

SEC. 26. Counseling and Treatment of Offenders. - The DSWD shall
provide rehabilitative counseling and treatment to perpetrators towards
learning constructive ways of coping with 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.

SEC. 27. Appropriations. - The amount necessary for the initial
implementation of this Act shall be charged against the current year’s
appropriations of the concerned departments. Thereafter, the amount needed
for the continued implementation of this Act shall be included in the budget of
the concerned departments in the annual General Appropriations Act.

For LGUs, the implementation of the programs shall be charged against
the internal revenue allotment and other internally generated funds of the LGU
concerned.

In addition, the departments concerned and the LGUs may accept
donations, contributions and grants from various sources for purpose of
implementing this Act.

SEC. 28. Implementing Rules and Regulations (IRR). - Within six (6)
months from the approval of this Act, the Secretary of the DSWD in
coordination with the Secretaries of the DOJ, the Department of Interior and
Local Government (DILG) and the DOH shall formulate rules and guidelines as
may be necessary for the proper implementation and enforcement of this Act.
‘This shall include developing protocols and training programs for all agencies
and public officers concerned and a public information and education program
on violence against senior citizens. The implementing rules and regulations
(IRR) provided for under this Act shall be reviewed periodically, and revised, if
necessary.


SEC. 29. Suppletory Application. ~ For purposes of this Act, the Revised
Penal Code and other applicable laws, shall have suppletory application.

SEC. 30. Separability Clause. - If any provision of this Act shall be
declared unconstitutional or invalid, such declaration shall not invalidate other
parts thereof which shall remain in full force and effect.

SEC. 32. Repealing Clause. - All laws, presidential decrees, executive
orders, rules and regulations or parts thereof which are inconsistent with or
contrary to the provisions of this Act are hereby amended, repealed or modified
accordingly.

SEC. 32. Effectivity. - This Act shall take effect fifteen (15) days after it
publication in the Official Gazette or in any newspaper of general circulation.

Approved.