Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

Nineteenth Congres
First Regular Session

wo, 3483

HOUSE BILL NO.
Introduced by Hon. Charisse Anne C. Hernandez

EXPLANATORY NOTE

Pursuant to Section 11, Article XIII of the 1987 Constitution, “The State shall adopt
an integrated and comprehensive approach to health development which shall endeavor to
make essential goods, health and other social services available to all the people at
affordable cost. There shall be priority for the needs of the underprivileged, sick, elderly,
disabled, women, and children. The State shall endeavor to provide free medical care to
paupers.” Furthermore, as provided in Section 4, Article XV of the 1987 Consitution, “The
family has the duty to care for its elderly members but the State may also do so through just
programs of social security."

According to the Commission on Population and Development, 10 percent of the
population by 2025 are expected to be older Filipinos, compared from the current six to seven
percent. The lifespan of Filipinos is now longer, however, the quality of life did not improve.
With this data, it follows that there can also be an increase in the number of abandoned
elderly every year.

As provided in the case of Southern Luzon Drug Corporation v. The Department of
Social Welfare and Development, GR No. 199669, April 25, 2017, the Supreme Court said:
“The duty to care for the elderly and the disabled lies not only upon the State, but also on the
community and even private entities. As to the State, the duty emanates from its role as parens
patriae which holds it under obligation to provide protection and look after the welfare of its
people especially those who cannot tend to themselves.”

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122 i


Parens Patriae means parent of his or her country, a provider of protection to those
unable to care for themselves. Thus, thisbill seeks to construct a nursing home in the City of
Calamba in order to give aid to our senior citizens who were abandoned, abused, and homeless,
but still remain to be pillars of our nation.

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

CHARISSE 4XNE C. HERNANDEZ
Representative
Lone District, Calamba City


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

Nineteenth Congress
First Regular Session

“yo, 3483

HOUSE BILL NO.

Introduced by Hon. Charisse Anne C. Hernandez

AN ACT
ESTABLISHING A NURSING HOME FOR ABUSED, ABANDONED, AND
HOMELESS SENIOR CITIZENS IN CALAMBA CITY AND APPROPRIATING
FUNDS THEREFOR AND FOR OTHER PURPOSES

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

assembled:

SECTION 1. Declaration of Policy - itis hereby declared the policy of the State to value the
dignity of every human person, guarantee full respect for human rights, extend assistance to its
elderly citizens through programs of social security, and promote the right to health and safety
of senior citizens. Towards this end, the State shall extend assistance to abandoned and

homeless senior citizens through a social care and security program.
SEC. 2. Definition of Terms- For purposes of this Act, these terms are defined as follows:

(a) Senior Citizen refers to any resident of the Philippines atleast sixty (60) years of age.

(b) Abandoned Senior Citizen refers to a senior citizen who has been deserted, permanently

or temporarily, by his relatives or persons who have general or legal responsibility over

the senior citizen, and/or from whom all basic care has been withdrawn, whether

willfully or not,


(c) Homeless Senior Citizen refers to an elderly who lacks a fixed, regular residence, or

whose current residence is unfit for human habitation.

(d) Elder Abuse refers to any knowing, intentional or negligent act by a caregiver or any
other person that causes harm or serious risk of harm to a vulnerable adult. It can take

various forms such as physical, psychological or emotional, sexual, and financial abuse

(e) Nursing home refers to a home for the aged which provides living accommodation,
food, clothing, medical, and health care, recreational and social interaction activities

for abused, abandoned or homeless senior citizens.

SEC. 3. Establishment of Nursing Home - There shall be established, under the supervision
of the Department of Social Welfare and Development, a nursing home for the abused,

abandoned and homeless senior citizens in Calamba City.

SEC. 4. Implementing Rules and Regulations - The Secretary of Department of Social
Welfare and Development, in coordination with the Department of Interior and Local
Government, Department of Health, and the Federation of Senior Citizens Associations of the
Philippines, shall hereby promulgate the rules and regulations to carry out the provisions of

this Act not later than sixty (60) days after its effectivity.

SEC, 5, Donations and Grants - The nursing home, through the Secretary of Social Welfare
and Development, subject to existing laws, government rules and regulations, may accept
donations and grants from private domestic and foreign groups, non-government and civic
organizations, and foreign governments for the purpose of the nursing home’s construction,

establishment, staffing and continued operation.

SEC. 6. Exemptions of the Nursing Home - The established Nursing Home shall be exempted
from the payment of custom duties, taxes and tariffs on the importation of equipment and
supplies used directly and exclusively by the Nursing Home pursuant to this Act, including

those donated to the Nursing Home.


SEC. 7. Appropriations - The amount necessary to carry out the provisions of this Act shall
be included in the General Appropriations Act of the year following its enactment and every

year thereafter.

SEC. 8. Repealing Clause - All laws, decrees, executive orders, proclamations, rules and
regulations, or parts thereof inconsistent with this ordinance are hereby amended, modified, or

repealed accordingly.

SEC. 9, Separability Clause - \f any provision of this Act is held invalid or unconstitutional,

the other provisions not affected hereby shall remain valid and enforceable.

SEC. 10. Effectivity - This Act shall take effect fifteen (15) days after its publication in the

Official Gazette or in at least two (2) newspapers of general circulation.

Approved,