Republic of the Philippi
HOUSE OF REPRESENTATIVES py... 2.4 AUG 2016

Quezon City ue
SEVENTEENTH CONG!
First Regular Session
REGIST (TON UNIT
HLS AN; 1 RVIO!

Introduced by Hon. Rosenda Ann Ocampo

EXPLANATORY NOTE
‘The Constitution, under Article 2, Section 11 provides that:

“The State values the dignity of every human person and guarantees
{full respect for human rights”.

In addition, Article 15, Section 4 provides that:

“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 Penal Code is replete with provisions penalizing abandonment of children and
other persons in danger. Articles 275 to 378 of the Penal Code punish various forms of
abandonment or neglect. However, there is no punishment for abandoning or neglecting
elderly people and people with disability.

While Republic Act No. 9994, also known as the Expanded Senior Citizens Act of
2010, and Republic Act No. 7277, also known as the Magna Carta for Disabled Persons, were
enacted to “recognize the rights of ser citizens” and to “give full support to the
improvement of the total well-being of disabled persons”, respectively, both laws failed to
address cases of neglect of the elderly and persons with disabilities.

Our country is known for caring for our elders and our family members who have
disabilities. However, there are still reported cases of neglect and abandonment of vulnerable
elderly persons and persons with disabilities. Admittedly, the government has very limited
resources to provide for each and every vulnerable elderly person and person with disability.
It still must rely primarily on these persons” family members.



Therefore, in order to protect this vulnerable sector of our society, this bill aims to
penalize neglect of vulnerable elderly persons and persons with disabilities.

Hence, approval of this bill is earnestly sought.

Ri ‘NDA ANN OCA!


Republic of the Philippines
HOUSE OF REPRESENTATIVES

Quezon City

SEVENTEENTH CONGRESS
First Regular Session

°
HOUSE BILL No._9289

Introduced by Hon. Rosenda Ann Ocampo

AN ACT
DEFINING AND PENALIZING THE CRIME OF CRIMINAL NEGLECT OF A
VULNERABLE ELDERLY PERSON OR A PERSON WITH DISABILITY

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 “Care for the Elderly and the
Disabled Act”.

SECTION 2. Declaration of Policy. — The State values the dignity of every person
and guarantees full respect for human rights. To this end, the State will penalize the neglect
of a vulnerable elderly person and person with disability.

SECTION 3. Definition of Terms. — For the purposes of this Act, the following
terms shall mean:

1, “Abandon” means to desert a vulnerable person with intent to wholly abandon
him or her,

2. “Caregiver” means a person who provides for the health, welfare, and personal
care of a vulnerable elderly person or a person with disability, at such person’s
place of residence, including but not limited to, food and nutrition, shelter,
hygiene, prescribed medication and medical care or treatment. The term caregiver
shall include:

(a) a parent, spouse, adult, child or other relative by blood or marriage who
resides with or resides in the same building with and who regularly visits
the vulnerable elderly person or the person with disability, and who knows
or reasonably should know that such person is unable to adequately
provide for his or her own health and personal care;


(b) a person employed by the vulnerable elderly person or a person with a
disability or by another to reside with or regularly visit the vulnerable
elderly person or the person with a disability and provide for such person’s
health and personal care;

(©) @ person who has agreed for consideration to reside with or regularly visit
the vulnerable elderly person or the person with a disability and provide
for such person’s health and personal;

(@) the person who has been appointed by a private or public agency or by a
court of competent jurisdiction to provide for the health and personal care
of the vulnerable elderly person or the person with a disability; and

(©) @ person who holds a power of attorney or other legal or fiduciary
relationship that requires such person to provide for the health and
personal care of the vulnerable elderly person or the person with a
disability. The term caregiver shall not include a long-term health care
facility licensed or certified under the provisions of public health laws or
any administrative, medical or other personnel of such a facility, or a
health care provider who is licensed under the law and renders care in the
ordinary course of his or her profession.

3. “Person with disability” refers to any person who is suffering from restriction of
different abilities, as a result of a mental, physical or sensory impairment, to
perform an activity in the manner or within the range considered normal for a
human being.

4, “Vulnerable elderly person” refers to any resident of the Philippines at least sixty
(60) years old who is suffering from a disease or infirmity associated with
advanced age.

SECTION 4. Criminal Neglect of a Vulnerable Elderly Person or a Person with
Disability. — A person is guilty of criminal neglect of a vulnerable elderly person or a person
with disability when he or she is a caregiver and:

(1) knowingly acts in a manner likely to cause the vulnerable elderly person or the
person with disability’s life to be endangered, health to be injured, or pre-existing
physical or mental condition to deteriorate; or

(2) fails to perform acts which he or she knows or reasonably should know are
necessary to maintain or preserve the life or health of the vulnerable elderly
person or the person with disability and such failure causes said person’s life to be
endangered, health to be injured or pre-existing physical or mental condition to
deteriorate; or

(3) abandons the vulnerable elderly person or the person with a disability.

SECTION 5. Exceptions. — No provision of this Act shall be deemed to impose
criminal liability upon any person who has made a good faith effort to provide for the health
and personal care of the vulnerable elderly person or the person with disability but through no


fault of his or her own has been unable to provide such care. In addition, no provision of this
‘Act shall be construed as prohibiting a person from providing treatment by spiritual mean
through prayer alone and care consistent therewith in lieu of medical care and treatment in
accordance with the tenets and practices of any church or religious denomination of which
the vulnerable elderly person or the person with disability is a member.

SECTION 6. Penalty. — Any person found guilty of committing the acts punished in
this Act shall suffer imprisonment of not less than one (1) year but not exceeding five (5)
years and a fine not less than Ten Thousand Pesos (10,000.00) but not exceeding One
Hundred Thousand Pesos (100,000.00).

SECTION 7. Other Remedies. — No provision of this Act shall be construed to limit
the remedies available to the vulnerable elderly person or the person with disability under any
other provision of law.

SECTION 8. Separability Clause. — If any provision or part hereof is held invalid or
unconstitutional, the same shall not affect the validity and effectivity of the other provisions
hereof.

SECTION 9. Repealing Clause. — All laws, decrees, orders, and issuances, or
portions thereof, which are inconsistent with the provisions of this Act, are hereby repealed,
amended or modified accordingly.

SECTION 10. Effectivity. — This Act shall take effect fifteen (15) days after its
publication in the Oficial Gazette or in two (2) newspapers of general circulation.

APPROVED.