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HOUSE OF REPRESENTATIVES

Introduced by Representative Rufus B. Rodriguez and
Representative Maximo B. Rodriguez, Jr.

House Bill No._ 1071

EXPLANATORY NOTE

The Constitution, Article 2, Section 11 provides:

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

The elderly have always been victims of moderate to severe abuse.
Elder abuse takes on many forms including physical abuse, sexual abuse,
psychological (emotional) abuse, neglect (intended or unintended) and
financial exploitation.

Unfortunately, there are relatively few statistics and research studies
regarding violence against older or disabled persons. Public and professional
awareness and identification of elder abuse is difficult because older or
disabled persons are not tied into many social networks (such as schools or
jobs), and may become isolated in their homes, which can increase the risk of
elder abuse.

Further, elder abuse is severely underreported, with only a fraction of
cases reported, according to the most recent studies. Some older or disabled
persons, particularly women and minorities, fail to report abuse because of
shame, privacy concerns, or as a result of prior unsatisfactory experiences
with individuals, agencies or others who lacked sensitivity to the concerns or
needs of older or disabled people.

Others fail to report abuse because they are dependent on their
abusers and fear of being abandoned. There is a need to formulate policies
that develop, strengthen and implement programs for the prevention of abuse,
including neglect and exploitation, and provide related assistance to victims.

Hence, this bill seeks to ensure that older or disabled persons are
protected from institutional, community and domestic violence and sexual


assault and to improve outreach efforts and other services available to older
or disabled persons victimized by such violence.

Immediate approval of this bill is earnestly recommended.

RUFYS B. RODRIGUEZ

2

MAXIMO B. RODRIGUEZ, JR.


FIFTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES —)
FIRST REGULAR SESSION )

HOUSE OF REPRESENTATIVES

Introduced by Representative Rufus B. Rodriguez and
Representative Maximo B. Rodriguez, Jr.

House Bill No__ L071

AN ACT
TO ENSURE THAT OLDER OR DISABLED PERSONS ARE PROTECTED
FROM INSTITUTIONAL, COMMUNITY AND DOMESTIC VIOLENCE AND
SEXUAL ASSAULT AND TO IMPROVE OUTREACH EFFORTS AND
OTHER SERVICES AVAILABLE TO OLDER OR DISABLED PERSONS
VICTIMIZED BY SUCH VIOLENCE

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

SECTION 1. Short Title. - This Act shall be known as the “Older
Filipino’s Protection from Violence Act.”

SEC, 2. Law School Clinical Programs on Elder Abuse, Neglect
and Exploitation. - The Secretary of Justice shall make grants to law school
clinical programs for the purposes of funding the inclusion of cases
addressing issues of elder abuse, neglect and exploitation, including domestic
violence and sexual assault, against older or disabled individuals.

SEC. 3. Training Programs for Law Enforcement Officers. - The
Secretary of Justice, in consultation with the Secretary of Social Welfare and
Development and nongovernmental organization shall develop curricula and
offer, or provide for the offering of, training programs to assist law
enforcement officers, prosecutors and relevant officers of courts in
recognizing, addressing, investigating and prosecuting instances of elder
abuse, neglect and exploitation, including domestic violence and sexual
assault against older or disabled individuals.

SEC. 4. Support services. - The Secretary of Social Welfare and
Development, in cooperation and coordination with non-governmental
organizations shall:


a) establish domestic violence programs to encourage the development of
programs, including outreach, support groups and counseling, targeted
to victims of elder domestic abuse and establishment of domestic
violence shelters, which shall include the use of senior housing,
nursing homes or other suitable facilities or services when appropriate
as emergency short term shelters or measures for older or disabled
individuals who are victims of elder abuse, including domestic violence
and sexual assault against older or disabled individuals;

b) make grants to non-profit private organizations to support projects in
local communities, involving diverse sectors of each community, to
coordinate activities concerning intervention in and prevention of elder
abuse, neglect and exploitation, including domestic violence and
sexual assault against older or disabled individuals;

c) make grants to develop and implement outreach programs directed
toward assisting older or disabled individuals who are victims of elder
abuse, neglect and exploitation (including domestic violence and
sexual assault against older or disabled individuals) including programs
directed toward assisting the individuals in senior housing complexes,
nursing homes, board and care facilities and senior centers.

d) For purposes of this section, the term “domestic violence” means an
act or threat of violence not including an act of self defense, committed:

1) by a current or former spouse of the victim;
2) by a person related by blood or marriage to the victim;

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

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

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

6) by 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
from the person.

SEC. 5. Training for Health Professionals on Screening for Elder
Abuse, Neglect and Exploitation. -

a) The Secretary of Social Welfare and Development, shall, in
consultation with the Assistant Secretary develop curricula ‘and
implement continuing education training programs for adult protective


service workers, health care providers (including home health care
providers), social workers, clergy, domestic violence service providers
and other community-based social service providers in settings,
including senior centers, adult day care facilities, nursing homes, board
and care facilities and senior housing, to improve their ability to
recognize and address instances of elder abuse, neglect and
exploitation, including domestic violence and sexual assault against
older or disabled individuals.

b) In carrying out paragraph (a), the Secretary in consultation with the
Department of Health, and Commission on Higher Education shall
develop and implement separate curricula and training programs for
medical students, physicians, physician assistants, nurse practitioners
and nurses.

SEC. 6. Funding. - The amount necessary to effectively carry out the
provisions of this Act is hereby authorized to be appropriated

SEC. 7. Separability Clause. - If any provision or part hereof, is held
invalid or unconstitutional, the remainder of the law or the provision not
otherwise affected shall remain valid and subsisting

SEC. 8. Repealing Clause. - Any law, presidential decree or issuance,
executive order, letter of instruction, administrative order, rule or regulation
contrary to or inconsistent with the provision of this Act is hereby repealed,
modified or amended accordingly.

SEC. 9. Effectivity Clause. - This Act shall take effect fifteen (15) days
after its publication in at least two (2) newspapers of general circulation.

Approved.