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Senate
of Hie ^•rfvrtai)’
NINETEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES
First Regular Session
SENATE 
S.B No. ^r82
72 JUL14 A10S8
RECEIVED
INTRODUCED BY SENATOR RISA HONTIVEROS
AN ACT
DEFINING AND PROHIBITING ELDER ABUSE, PROVIDING PENALTIES 
THEREFORE, AND FOR OTHER PURPOSES
EXPLANATORY NOTE
For many years, elder abuse was a hidden, unspoken issue in society. Similar to 
wife-beating, incest, and child abuse, it was a private problem kept within the confines 
of the domestic sphere. But as a form of family violence, it has remained under- or mis­
diagnosed, under-reported, and poorly addressed by public policy. It Is often overlooked 
by health professionals, and sadly, most perpetrators of the abuse are usually one's own 
family members.
As the elderly population multiplies, so will the Incidence of elder abuse. Extreme 
cases have obvious manifestations, like pressure marks on the body, broken bones, 
depression, unexplained withdrawal from normal activities, unattended medical needs, or 
strained, tense relationships. But most elder abuse is subtle. It Is difficult to tell the 
difference between normal interpersonal stress and abuse. Thus, It seems, elder abuse 
and neglect are often "hidden".
But the phenomenon of elder abuse is becoming increasingly recognized by both 
medical facilities and social Institutions. More and more studies have highlighted the 
seriousness and magnitude of elder abuse as an issue concerning the health and welfare 
of older persons. As such, elder abuse is now considered a major public health and human 
rights issue.
The World Health Organization's (WHO) Toronto Declaration on Elder Abuse 
defines elder abuse as "a single or repeated act, a lack of appropriate action, occurring 
within any relationship where there is an expectation of trust that causes harm or distress 
to an older person." It may take the form of physical, psychological and emotional abuse, 
financial or material exploitation, medical maltreatment, even sexual exploitation and 
abandonment of the vulnerable elderly.


Statistics uncovers a frightening picture of elderly abuse around the world. The 
World Health Organization said that around 1 in 6 people 60 years and older experienced 
some form of abuse in community settings during the past year. The problem may get 
worse as the number of senior citizens increase. The global population of the elderly will 
more than double, from 900 million in 2015 to about 2 billion in 2050. Meanwhile, the 
Philippines, elderly population has been steadily increasing In both size and proportion. 
In 2021, senior citizen population has breached 10 million, according to the Commission 
on Population and Development, and between 2025 to 2030, the country's population 
would start to age.
Initially thought to be a problem of the developed world, elder abuse Is now 
recognized as universal, although evidence from less-developed countries is primarily 
anectodal. In the Philippines, despite a strong tradition of filial piety, cases of elder abuse 
is no longer unheard of, where some cases land the headlines. To mitigate this growing 
problem policy intervention is required.
The objective of this bill is more than just to clearly define elder abuse as a specific 
offense with corresponding penalties. It also seeks to bring to light the special context of 
elder abuse, of the particular "vulnerability" brought about by old age, and which is taken 
advantage of by offender-perpetrators. Like domestic violence or VAWC, elder abuse may 
be a form of family abuse that Is both sensitive and controversial, requiring careful 
intervention from the State. And among the most important aspect of this intervention is 
the institutionalization of clear and concrete affirmative acts that will raise public 
awareness and prevent such abuse from happening.
In view of the foregoing, the swift passage of this bill is earnestly sought.
RISA HONTIVEROS u 
Senator


^mnt£
NINETEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session
SENATE
S. B. No. 582
of tijf
•22 JUL14 A10 58
RECEIVED BY.
INTRODUCED BY SENATOR RISA HONTIVEROS
AN ACT
DEFINING AND PROHIBITING ELDER ABUSE, PROVIDING PENALTIES 
THEREFORE, AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Phiiippines in Congress 
assembled:
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SECTION 1. Short Title - This Act shall be known as the "Anti-Elder Abuse Law of
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2022//.
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Sec. 2. Dedaration of Policy- Pursuant to Article II, Section 11 of the Philippine
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Constitution, the State values the dignity of every human person and thereby guarantees
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the full respect for human rights, and Article III, Section 1, which mandates that "No
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person shall be deprived of life, liberty, or property without due process of law, nor shall
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any person be denied the equal protection of the laws," it is hereby declared the policy
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of the State to work actively for the elimination of all forms of discrimination, violence
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and abuse against the elderly.
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Moreover the following Constitutional provisions also mandate that:
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"The State shall promote a just and dynamic social order that will ensure the prosperity
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and independence of the nation and free the people from poverty through policies that
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provide adequate social services, promote full employment, a rising standard of living and
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an Improved quality of life for all." (Article II, Section 9)
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"The State shall adopt an Integrated and comprehensive approach to health
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development which shall endeavor to make essential goods, health and other social
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services available to all the people at affordable cost. There shall be priority for the needs
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of the underprivileged sick, elderly, disabled, women and children." (Article XIII, Section
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12 on Health Services)
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"The family has the duty to take care of its elderly members but the State may also do
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so through just programs of social security." (Article XV, Section 4 on the Filipino Family)


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In addition, Republic Act No. 9262 or the VAWC Act declares that the State shall exert
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efforts to address violence committed against women, and Republic Act No. 9710 or the
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Magna Carta of Women Section 33 on the Protection of Senior Citizens state that "the
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State shall protect women senior citizens from neglect, abandonment, domestic violence,
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abuse, exploitation, and discrimination."
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Towards this end, the following discriminatory and abusive practices committed against
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senior citizens defined herein shall be proscribed and penalized. Moreover, the State shall
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ensure the establishment of support services and special protective mechanisms to
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safeguard older people against violence, sexual abuse, exploitation, and discrimination.
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Sec. 3. Definition of Terms -
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a) Elderly refers to any resident of the Philippines at least sixty (60) years of
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age;
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b) Discrimination - Any distinction, exclusion, restriction, or preference,
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whether actual or perceived, and which has the purpose or effect of
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nullifying or impairing the recognition, enjoyment, or exercise by all persons
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of an equal footing of all rights and freedoms.
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c) Marginalization - Any condition where people are systematically excluded
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from meaningful participation in economic, social, political, cultural and
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other forms of human activity in their communities and thus are denied the
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opportunity to fulfil themselves as human beings.
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d) Senior Citizen - is a person 60 years old or older; it may be used
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interchangeably with the terms "elderly" or "older person," which are more
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encompassing in reference to older people.
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e) Elder Abuse - Any act of commission or of omission C'neglect") to an elderly
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that may either be intentional or unintentional, resulting in unnecessary
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suffering, injury or pain, the loss or violation of human rights, 
and a
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diminished quality of life for the older person. It may take the form of
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physical, psychological and emotional abuse, neglect, financial or material
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exploitation, medical maltreatment, sexual exploitation and abandonment.
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Some cases involve more than one type of abusive behavior, such as the
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abuser victimizing the elderly person both physically and emotionally.
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f) Physical abuse - The Infliction of pain or Injury, physical coercion, or
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physical or drug-induced restraint. Includes Intentional acts of violence that
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inflict bodily or physical harm.
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g) Battery - The act of inflicting physical harm resulting to physical and
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psychological or emotional distress.


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h) Sexual abuse - A non-consensual sexual contact of any kind with an
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elderly. Applies to acts which are sexual in nature such as sexual
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harassment acts of lasciviousness, rape and/or sexual assault.
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i) Psychological or Emotional abuse - The Infliction of mental anguish. Applies
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to acts and/or omissions causing or likely to cause mental or emotional
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suffering such as but not limited to intimidation, public ridicule and
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humiliation, mockery and vilification, repeated verbal abuse, harassment,
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and threats.
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j) Financial or Material abuse - The illegal or Improper exploitation or use of
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funds or resources of the elderly. Applies to acts that make or attempt to
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make an older person financially dependent, and/or the actual deprivation
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or threat of deprivation of financial resources such as withdrawal of
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financial support, including controlling the victim-survivor's own money or
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properties.
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k) Neglect - Consists of the refusal or failure to fulfill a care-giving obligation.
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It may be a result of a conscious and intentional attempt to inflict physical
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or emotional distress on the older person.
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Sec. 4. Meaning and Context of Elder Abuse - Under this Act, advanced age or
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elderliness shall no longer be considered as a mere "aggravating circumstance" in an
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offense. As in the case of child abuse, age shall be appreciated with the added dimension
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of vulnerability, a vulnerability an offender or perpetrator takes advantage of.
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Elder abuse may be defined as "a single or repeated act, a lack of appropriate action,
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occurring within any relationship where there is an expectation of trust and support, that
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causes harm or distress to an older person"
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Sec. 5. Prohibited Acts Constituting Elder Abuse - Physical abuse is defined as the
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use of physical force that may result in bodily injury, physical pain, or impairment. Physical
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abuse may Include but is not limited to such acts of violence as striking (with or without
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the use of an object), hitting, beating, pushing, shoving, shaking, slapping, kicking,
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pinching, and burning. In addition. Inappropriate use of drugs and physical restraints,
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force-feeding, and physical punishment of any kind are also considered physical abuse.
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a) Sexual abuse Is defined as a non-consensual sexual contact of any kind
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with an elderly person. Sexual contact with any older person incapable of
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giving consent Is also considered sexual abuse. It Includes, but is not
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limited to, unwanted touching, all tvpes of sexual assault or battery, such
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as rape, sodomy, coerced nudity, and capturing sexually explicit acts in
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photographs and video.


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b) Emotional or psychological abuse Is defined as the infliction of anguish,
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pain, or distress through verbal or nonverbal acts.
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Emotional/psychological abuse includes but is not limited to verbal
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assaults. Insults, threats. Intimidation, humiliation, and harassment. In
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addition, treating an older person like an Infant; isolating an elderly person
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from her/his family, friends, or regular activities; giving an older person
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the "silent treatment;" and enforced social isolation are considered
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emotional/psychological abuse.
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c) Financial or material exploitation is defined as the illegal or improper use
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of an elder's funds, property, or assets. This includes, but are not limited
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to, cashing an elderly person's checks without authorization or
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permission; forging an older person's signature; misusing or stealing an
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older oerson’s money or possessions; coercing or deceiving an older
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person into signing any document (e.g. contracts or will); and the
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Improper use of conservatorship, guardianship, or a Power of Attorney.
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d) Neglect is defined as the refusal or failure to fulfill any part of a person's
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obligations or duties to an elder. Neglect may also include failure of a
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person who has fiduciary responsibilities to provide care for an elder or
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the failure on the part of an in-home service provider to provide necessary
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care.
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Neglect typically means the refusal or failure to provide an elderly person
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with such life necessities as food, water, clothing, shelter, personal
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hygiene, medicine, comfort, personal safety, and other essentials included
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in an implied or agreed-upon responsibility to an eider.
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e) Abandonment is defined as the desertion of an elderly person by an
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individual who has assumed responsibility for providing care for an elder,
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or by a person with physical custody of an elder.
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Sec. 6. Penalties - The crime of Elder Abuse shall be punished according to the
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following Rules:
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a) An offender-perpetrator shall be punished with imprisonment according
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to present criminal laws under The Revised Penal Code (RPC) and
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Republic Act No. 9262, or the Anti-Violence against Women and Children
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Act (Anti-VAWC);
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a. Acts constituting attempted, frustrated, or consummated parricide,
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murder or homicide shall be penalized according to the RPC,
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especially if it results to mutilation;


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b. Acts constituting serious physical injuries shall suffer the penalty of 
prision mayor, and acts constituting less serious injuries shall suffer 
the penalty of prision correccionai, and anything constituting slight 
physical Injuries shall suffer the penalty of arresto mayor,
c. Any act constituting sexual abuse or similar sexual-related offenses 
shall suffer the penalty of prision mayor;
d. Any act constituting psychological and/or emotional abuse shall 
suffer the penalty of prision mayor;
e. Any act constituting financial, economic or material abuse shall 
suffer the penalty of prision correccionai',
f. Any act constituting neglect or abandonment of an older person 
shall suffer the penalty of by arresto mayor;
b) The penalty provided shall be Imposed in its maximum period:
a. If the offender-perpetrator has been previously convicted under 
this Act;
b. If the offender is a descendant, collateral relative or family member 
of up to the 2nd degree of consanguinity or affinity;
c. If the offender Is an owner-operator, manager, or employee of a 
privately-operated, for profit or non-profit, elderly facility;
d. If the offender is a public official, staff or employee of a 
government-operated elderly residential care facility; Provided, 
that said public servant or employee can be subjected to 
suspension and/or termination based on administrative 
procedures.
c) In cases Involving elderly residential care facilities and homes for the 
aged, the above-mentioned penalties shall not preclude the consequent 
civil case for damages or administrative charges that may also result in 
the suspension or revocation of accreditation or license to operate from 
the Department of Social Work and Development (DSWD).
Sec. 7. Enforcement and Protocols-
a) Public Crime - Elder abuse shall be considered a public offense which may 
be prosecuted upon the filing of a complaint by any citizen having 
personal knowledge of the circumstances involving the commission of the 
crime;
b) The following persons may file a complaint for elder abuse -
a. The offended older person


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b. Anyone with personal knowledge of the circumstances involving 
the commission of the crime, including:
i. 
A caregiver, family member or collateral relative within the 4th degree 
of consanguinity or affinity;
ii. 
A healthcare provider, therapist, or counselor;
ill. A fellow senior citizen from an elderly organization, or a churchmate 
from the parish;
iv. A priest or a church leader;
V. Barangay officials, including Barangay Tanods and other barangay 
personnel;
vi. Social Welfare Officers from the DSWD or Local Government Unit;
vli. Police or other law enforcement officers.
c) Barangay officials or law enforcers shall respond immediately to a call for 
help or request for assistance by entering the dwelling or wherever the 
Incident occurs, checking on the well-being of the victim, and ensuring 
the safety of the victim-survivor; As immediate responders, they must also 
transport or escort the victim to a safe place of their choice or to a clinic 
or hospital, if and when necessary;
d) Immunity - Any person or private individual acting in accordance with the 
law, responds or intervenes without using violence or restraint greater 
than necessary to ensure the safety of the victim, shall not be liable for 
any criminal, civil, or administrative case resulting therefrom.
e) Prohibited Defense - Being under the influence of alcohol, any illicit drugs, 
or any other mind-altering substance shall not be a defense under this 
Act.
f) Prohibited Acts by Government Officials - Any barangay official or court 
hearing an application for a Protection Order for an abused elderly shall 
not order, direct, force, or in any way Influence the applicant to 
compromise or abandon any of the reliefs sought. Failure to comply shall 
render the official or judge administratively liable.
g) The DSWD, the Department of Health (DOH), and the National 
Commission of Senior Citizens (NCSC) shall require physicians, 
cai egivers, or social workers who suspect ill-treatment of senior citizens 
to discuss the concern with the family or the head of the nursing home or 
elderly facility. In case the ill-treatment is confirmed, or in the event of


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suGpicious death, the same shall be reported to the appropriate
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authorities.
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h) Confidentiality - All cases pertaining to elder abuse including those at the
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barangay level shall be confidential, and all public officers and employees
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of public or private hospitals/dinics shall respect the right to privacy of
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the victim-survivor. Any person who shall make public any relevant or
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identifying information about the case or the victim shall be made liable
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for contempt of court and shall suffer the penalty of a fine of two hundred
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thousand pesos (PHP 200,000.00).
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Sec. 8. Establishment of a Senior Citizens Help Desk - Every barangay shall
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establish a senior citizens Help Desk which shall provide immediate assistance to victim-
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survivors of elder abuse. Apart from barangay officials, it may be staffed by duly
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accredited representatives of the senior citizens sector or from the membership of a local
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elderly organization designated and authorized by the Barangay Council or Chairperson.
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Sec. 9. Mandatory Programs and Services for Victims of Eider Abuse-The NCSC,
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DSWD and LGUs shall provide the victims temporary shelter, counseling, psycho-social
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services and/or recovery and rehabilitation programs, and financial assistance.
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The NCSC/Office of Senior Citizens Affairs (OSCA) shall include services addressing
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gender-based violence as well as elder abuse. All suspected cases of abuse and/or neglect
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of senior citizens must be reported in accordance with existing laws. The NCSC/OSCA, in
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coordination with the Local Social Welfare and Development Officer (LSWDO), shall
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maintain an elder abuse documentation and case monitoring system, and set up a
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databank to keep an accurate and reliable record of instances of abuse and violence
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committed against the elderly.
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Sec. 10. Counseling and Rehabilitation of Offenders-Perpetrators - The NCSC and
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the DSWD shall provide rehabilitative counseling and treatment of perpetrators towards
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learning constructive ways of coping with their anger, emotional outbursts, or stress, and
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reforming their ways. Psychiatric treatment or confinement may also be recommended
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by the responsible authorities, if necessary.
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Sec. 11. Trainings and Capacity-Building forintervenors- All government agencies
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involved in responding to elder abuse cases shall be required to undergo education and
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training to acquaint them with:
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a) The nature, extent, causes, and risk factors of elder abuse;
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b) The legal rights and remedies of victim-survivors of elder abuse;
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c) Legal duties of barangay officials, OSCA Heads, LSWDOs, police officers
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and court authorities In offering assistance and protection;


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d) The available ser/ices and facilities for victim-survivors of elder abuse;
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e) Specific techniques in handling elder abuse cases to minimize injury, and
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promote the safety and ensure the v^/ell-being of the victim-survivor.
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The DOH and other concerned institutions shall provide capacity-building on the
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prevention, detection, and management of psycho-social problems and other geriatric
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concerns of senior citizens, such as dementia and Alzheimer's Disease, among healthcare
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providers, home caregivers, and staff and employees of nursing homes and/or elderly
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residential facilities, specifically on handling older person abuse.
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Sec. 12. Affirmative Acts - To ensure that the rights and welfare of older persons
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are protected, the following programs and interventions shall be developed and
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implemented:
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a) Establish clear advocacy/information programs and Increase public awareness to
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minimize risks of negiect, abuse and violence to older persons;
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b) Include training on the prevention, detection, and management of social problems of
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senior citizens among healthcare professionals and law enforcement officers, specifically
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on the handling of elder abuse cases;
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c) Encourage the development and utilization of supportive community resources that
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provide in-home services, respite care, and stress reduction with high-risk families; In
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addition, explore the possibilities of subsidies and outreach support for family and
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caregivers to promote quality homecare for senior citizens; and
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d) Ensure high priority for the enactment of measures that would provide social protection
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to the elderly and reduce their socio-economic and political disparities.
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e) Continue to develop and initiate programs and services for senior citizens that are
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gender-responsive, rights-based, and culture-sensitive so as to ensure specific needs and
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concerns of senior citizens are identified and addressed.
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f) Review school curricula and teaching modules through the Department of Education
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and the Commission on Higher Education to highlight with renewed focus the importance
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of family values, filial piety, and respect for the elderly.
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Sec. 13. Implementing Rules and Regulations. - The NCSC and the DSWD, in
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consultation with the Department of the Interior and Local Government (DILG),
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Department of Health (DOH), other relevant government agencies, LGUs, and at least
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two (2) elderly-focused non-government organizations with a proven track record, shall
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promulgate the Implementing Rules and Regulations (IRR) of this Act within six (6)
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months from its approval.


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Section 14. Separability Cause. - If any provision of this Act is held unconstitutional
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or invalid, such provision shall not affect the enforceability and effectivity of the its
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remaining provisions.
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Section 15. Repealing Cause. - All laws, decrees, executive orders, issuances, and
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rules and regulations, or parts thereof inconsistent with the provisions of this Act are
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hereby repealed or modified accordingly.
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Sec. 22. Effectivity Cause. - This Act shall take effect fifteen (15) days after Its
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publication in the Official Gazette or in a newspaper of general circulation.
Approved,