6301
AN ACT PROTECTING SENIOR CITIZENS FROM ABUSE,
DEFINING SENIOR CITIZEN ABUSE, AND PRESCRIBING PENALTIES
THEREOF
EXPLANATORY NOTE
This bill seeks to protect our senior citizens from abuse, defining different types
of abuse of senior citizens, and prescribing penalties thereof. This proposed measure
recognizes the concerns of the senior citizen  population  in the  country with  regards
abuse committed against senior citizens, and the need to protect the well-being of the
senior citizens who are in the twilight of their lives and who have selflessly contributed
to the society during their prime.
For many years, elderly 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 realm. But as a form of family violence, it has remained under
or mis-diagnosed,  under-reported,  and  poorly addressed  by public policy even  if it is
not uncommon  that  if one type of abuse  is  occurring  within  a  home,  other forms  of
abuse  may  be  (or will  soon  be)  taking  place.  Meanwhile,  elderly  abuse  is  still  often
ignored by health professionals, and sadly, most perpetrators of the abuse are usually
one's own family members.
The purpose of this bill is more than just clearly defining senior citizen abuse as
a  specific offense with  a corresponding  penalty.  It seeks to  bring  to  light the special
context of elderly or senior citizen abuse, of the particular "vulnerability" advanced age
has and which is taken advantage of by offender-perpetrators. Like domestic violence
or VAWC,  elderly abuse  may be  a form  of family abuse that is  both  a sensitive and
controversial issue, requiring careful intervention from the State,  hence the necessity
for  rules   on   immunity  and   confidentiality.   More   importantly,   the   most  significant
intervention  is the  requirement for clear and  concrete Affirmative Acts that will  raise
public awareness and prevent the incidence of senior citizen abuse.
In view of the foregoing, the passage of this bill is earnestly recommended.
RECEIVED
CV22
a  T"E:ap
.I-
BY:_urn_


Republic of the Philippines
House of Representatives
Quezon City,  Metro Manila
Nineteenth Congress
Regular Session
HOUSE BIL`L .No.  6 3 01
Introduced by Representative Mi]agros Aquino-Magsaysay
AN ACT PROTECTING SENIOR CITIZENS FROM ABUSE,  DEFINING ABUSE OF
SENIOR CITIZENS, AND PRESCRIBING PENALTIES THEREOF
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 the "Anfi.-Seni'or C/.fi'zens
Abuse Act".
SECTION 2. Declaration of Policy - lt is hereby declared as the policy of the State
to value the dignity of senior citizens and thereby guarantee full respect of their
human rights. The State also recognizes the need to protect the family and its
members, particularly the senior citizens, from all forms of abuse, especially acts
deleterious to their personal safety and security.
It is imperative that the State shall exert all efforts to address all forms of abuse
committed against senior citizens, especially acts deleterious to their personal
safety, security, and dignity, or any discriminatory act committed against senior
citizens in keeping with the fundamental freedoms guaranteed under the Constitution
and the provisions of the Universal Declaration of Human  Rights.
SECTION 3. Definition of Terms -As used in this Act.
a)   Senior Citizen -  Refers to any  resident citizen  of the  Philippines,  at  least
sixty (60) years old, as defined under Republic Act (RA) No, 9994, otherwise
known as the ``Expanded Senior Citizens Act of 2010''.
b)   Senior  Citizen  Abuse  -  Refers  to  a  single  or  repeated  act,  or  lack  of
appropriate   action,   occurring   within   a   relationship   where   there   is   an
expectation of trust, which causes harm or distress to the 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 results or is likely to result


in  domestic violence,  physical,  psychological,  emotional,  sexual,  financial,
institutional, employment, and medical maltreatment abuse.
c)   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 suitable place that is willing to accommodate the aggrieved senior
citizen.
SECTION 4. Acts of Abuse against a Senior Citizen -
a)   Domestic Abuse -refers to violence committed by someone in the victim's own
household   or   domestic   circle.    This   includes    partners   and    ex-partners,
immediate   family   members,   other   relatives   and   family  friends.   The   term
domestic abuse is used when there is a close relationship between the offender
and  the  victim,  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 a 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)   Physical Abuse -Refers to the infliction of pain or injury with the use of physical
force resulting jn  bodily injury,  physical harm, or impairment.
c)   Psychological  Abuse  -  Refers  to  the  regular and  deliberate  use  of  a  range
words  and  non-physical  actions  used  with  the  purpose  to  manipulate,  hurt,
weaken,  or frighten  a  person  mentally,  and/or distort,  confuse,  or influence a
person's thoughts and actions within their everyday lives, changing their sense
of self,  and  harming their well-being.
d)   Emotional  Abuse  -  Refers  to  a  pattern  of  behavior  in  which  the  perpetrator
insults,  humiliates,  and generally instills fear in an  individual in order to control
them.  It includes controlling a  person's behavior such as who they spend their
time with,  isolating a  person from family,  friends,  and  acquaintances,  extreme
jealousy,   accusations,   and   paranoia,   constant  criticism,   regular  ridicule  or
teasing,   making   acceptance   or   care   conditional   on   a   person's   choices,
thwarting a person's professional and personal goals.
e)   Sexual Abuse - Refers to a sexual act or behavior or sexual act forced upon a
person without their consent.  It includes the following:


7/   Sexual assault -a term  including all sexual offenses. Any action or
statement with  a sexual  nature and  done  w/.thouf the consent from
(both sides) an unwilling party.
2)   Rape -insertion  of a  (bodily organ)  body  part or an  object  into the
sex organ of a person without consent.
3)   Sodomy -  insertion of a  (bodily organ)  body  part or an  object  into a
person's anus or mouth without their consent
4)   Gang Rape -A rape carried out by more than one attacker
5)  Serial  Rape  -  repeated  incidents  of  rape  carried  out  by the  same
attacker over an extended period of time
6)   Incest -sexual abuse or assault at the hands of a family member
7)   Sexual harassment of a senior citizen consists of the following:
a).  Extortion  the  act the  person  required  to  perform  is  of a  sexual
nature;
b).  An  indecent  act  performed  to  cause  humiliation,  stimulation  or
sexual satisfaction;
c).  repeated propositions that are of a sexual nature addressed to a
person who has previously demonstrated to the harasser that are not
interested in said remarks;
d).  degrading  or  humiliating  remarks  relating  to  a  person's  sex  or
sexuality,  including their sexual orientation
e) Publishing a  picture, video, or recording of someone without their
consent,  with  the  intention  of  focusing  on  their  sexuality  for  the
purpose of humiliating or degrading the person,
f)    Propositions    or    remarks    of    a    sexual    nature    under    the
circumstances of exploiting a working relationship, dependency,  and
other  services,  when  the  harasser  is  aware  that their target  is  not
interested.
f)    Financial Abuse -Refers to a tactic used by abusers to gain power and control
in  a  relationship.  The  forms of financial  abuse  may  be  subtle  or overt,  but  in
general, include access to assets, or reduce accessibility to the family finances.
It includes the following:
1 )   Taking control of the senior citizen's finances
2)   Forcing a senior citizen to claim senior citizen's benefits for personal
use
3)   Forcing the senior citizen to be a guarantor on a loan or taking out a
loan under their name
4)   Forcing  a  senior citizen  to work  in  a  family  business  without  being
paid
5)   Forging a senior citizen's signature on financial documents
6)   Selling a senior citizen's possessions without permission
7)  Taking money from a senior citizen's pension or retirement benefits
8)   Misusing an enduring Power of Attorney
9)   Forcing a senior citizen to change their Last Will and Testament


g)   Institutional  Abuse -  Refers  to the  mistreatment of senior citizens  typically  in
their  residential  or group  home  brought  about  by  poor or inadequate  care  or
support,  or  systematic  poor  practices  that  affects  the  whole  care  setting.   It
includes the following:
1)   Lack of flexibility and  choice for senior citizen  using the services of
the government or private institution
2)   Inadequate staffing level
3)   Lack of or inadequate care resulting in senior citizens getting hungry
and dehydrated
4)   Poor standards of care
5)   Lack  of  personal  clothing  and  possessions,  and  forced  communal
use of personal items
6)   Lack of adequate procedures
7)   Deprivation of benefits and services of both government and private
institutions
h)   Employment  Abuse  -  refers  to  the  discrimination  or  unfair  treatment  in  the
workplace because of a person's age, race, color, religion, sex (including sexual
orientation and gender identity) disability,  national origin.
i)    Medical/Patient Abuse -refers to the harmful treatment rather than proper care
for the senior citizen  patient.  It includes the following:
1 )   Rejecting admission to both government and private hospitals due to
financial constraints
2)   Withholding proper medication and care
3)  Wrongful diagnosis and medical procedures
j)    Government and  Private  Institution Abuse-  Refers to the deprivation  of social
services and  benefits to the senior citizen as mandated  by law, such as social
pension,   senior  citizens  discount,   priority  lane,   parking  spaces,  medical  or
hospital services, and priority sitting in public transportation.
k)   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.
I)    Neglect  is  defined  as  the  refusal  or  failure  to  fulfill  any  part  of  a  person's
obligations or duties to an  elder.  Neglect may also include failure of a  person
who  has  fiduciary  responsibilities  to  provide  care  for  an  elder  (e.g.,  pay  for
necessary home care services) or the failure on the part of an in-home service
provider to provide necessary care.
Neglect typically means the  refusal or failure to provide an elderly person with
such   life   necessities   as   food,   water,   clothing,   shelter,   personal   hygiene,


medicine, comfort,  personal safety, and other essentials included in an implied
or agreed-upon responsibility to an elder.
SECTION  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 laws, 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 legal remedies as provided for under the Family Code;
d)   To be informed through the Sen/.or C/I/.zen He/p Desk established hereunder of
the senior citizen's rights and services available including the right to apply for
a protection; and
e)   To be entitled to actual, compensatory,  moral and exemplary damages.
SECTION  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   counselling,
psycho-social   services,   recovery  or   rehabilitation   programs   and   livelihood
assistance;
b)   Counselling,  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 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,
SECTION 7. Response to a Request for Assistance -ln  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'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 the barangay hall, or to a clinic or hospital;
d)   Assist the victim in removing personal belongings from the dwelling;
e)   Ensure the  enforcement of the  Protection  Orders  (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
g)   Immediately report the call for assistance for the DSWD, the LGU or accredited
Non-Government Organization (NGO).
SECTION 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.
SECTION 9. Education and Training Programs for Law Enforcement Officers and
Persons Involved in Responding to cases of Violence against Senior Citizens -
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  lawiul  arrest  and  to  offer
protection and assistance; and
e)   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.
The  DOH  and  other concerned  institutions  shall  provide  capacity-building  on
the  prevention,  detection,  and  management  of  psycho-social  problems  and  other
geriatric  concerns  of  senior  citizens  such  as  dementia  and  Alzheimer's  Disease,
among  healthcare  providers,  home  caregivers,  and  staff and  employees  of nursing
homes and/or elderly residential facilities, specifically on handling older person abuse.
SECTION  10.  Mandatory  Reporting  of Domestic  Abuse  or Violence  against  a
Senior  Citizen  -  A  public  officer  who  receives  a  complaint  for  abuse  or  violence
committed against a senior citizen or the head of a public or private hospital,  medical
clinic  or  similar  institution,   as  well  as  the  attending  physician  or  nurse,   clinician,
barangay health worker, therapist or counsellor 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 from  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 within 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.
For  this  purpose,  the  DSWD-developed  community-based  reporting  system
and  referral procedure of elderly abuse or ResppEC shall be utilized to facilitate the
investigation and other interventions.
SECTION    11.   Establishment   of   a   (Senior   Citizen   Help   Desk)   Protective
Committee for Senior Citizens (PCSC) - Every barangay shall establish a (Senior
Citizens  Help  Desk)  Protective  Committee  for  Senior  Citizens  (PCSC)  which  shall
provide immediate assistance to victim-survivors by receiving reports or complaints of
senior    citizens    abuse.    Besides    barangay    officials,    it    may    be    manned    by
representatives of the senior citizens sector or by  members  of a  local  senior citizen
organization designated and authorized by the Barangay Council as Chairperson.
The PCSC is tasked to monitor reported incidents of senior citizen abuse. The PCSC
assigns a representative to conduct a home visit and accomplish the ResppEC Brief
Screening and Detection Tool for the victim-survivor. The PCSC may be accompanied
during  the   home  visit  by  the   Barangay   Health  Worker  (BHW)  or  other  relevant
authorities  whenever  necessary.   The  PCSC  may  also  ask  aid  from  the  PNP  to
examine the risks of the situation, assess the senior citizen's options, and ensure the
safety of both the victim and the rescuer's.
SECTION 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
SECTION 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.


SECTION 14. Protection Order (PO) -A Protection Order (PO) is an injunction under
this Act that may be requested or issued for the purpose of preventing further acts of
abuse or violence against senior citizens as specified under 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 Section 4;
b)  Whenever applicable,  issuances 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)   lssuance 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)   lssuance   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,  counselling,  and  other
support services to the aggrieved party or parties;
g)   lssuance  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 as 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 absolute nullity
of marriage in the case of married individuals.


The application for a  PO must be in writing,  signed and verified  under 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  the  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  case,  the
application  shall  attest that the victim  is  residing  in the  municipality or city 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;
3)   A statement of the circumstances and the nature of the 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, counsellor, 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 a Court shall be considered an application
for both a TPO and PPO.
SECTION  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 favour 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 enforce the order shall include
a copy of the previously obtained PO. The respondent shall be notified of the issuance
of a new PO.
SECTION 16. Legal Representation of Applicant for a PO -lf 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  abuser,  shall  qualify  for  legal  representation  by the  DOJ,  the
Public Prosecutor's Office or the PAO.
However,  a  private  counsel  offering  free  legal  services  is  not  barred  from
representing the petitioner with the latter's consent, and with the leave of Court.
SECTION  17.  Barangay  Protection  Order (BPO) -A  Barangay  Protection  Order
(BPO) is issued by the Lupong Tagapamayapa or the Punong Barangay or Barangay
Chairperson. The issuance of a BPO or the pendency of an application for a BPO shall
not preclude the petitioner from applying for, or the Court from granting 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 an application for
a BPO shall issue a P0 to the applicant on the date of filing after ex parte determination
of the  basis of the application.  If the  Punong  Barangay or Barangay Chairperson  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,  the Order must be accompanied  by an  attestation  by the
Barangay Kagawad that the Punong Barangay and the Lupong Tagapamayapa were
not available at the time of the issuance of the BPO.
A BPO issued by a 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 the  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.
SECTION  18. Temporary Protection Order (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 the RTC, Metropolitan Trial Court, Municipal Trial
Court, or Municipal Circuit Trial Court with territorial jurisdiction over the place over the
place  of  residence  of the  offended  family  or  the  senior  citizen  victim  who  suffered
violence or abuse 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  after 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 the 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 date of the hearing on the merits of the issuance of a PPO.
SECTION 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 the RTC, Metropolitan Trial
Court,  Municipal Trial  Court,  or Municipal Circuit Trial Court with territorial jurisdiction
over the place over the 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  re-scheduling  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 the 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 from 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 Barangay (Chairman) Chairperson, the Barangay Kagawad,
the official or judge,  administratively liable.
SECTION 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.
Respondent shall be notified of the issuance of a PO.
SECTION  21.  Prohibition  against  undue  Influence  Over  a  Protection  Order
Applicant -A Lupong Tagapamayapa, a Punong Barangay or Barangay Chairperson,
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 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 proceedings where relief is sought under this Act.
Failure to comply with this Section shall render the concerned individual, official
or judge administratively liable.


SECTION 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) Chairperson and the Courts.
SECTION 23. Complaint against a Violation of Protection Order -A complaint on
a 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 filed  for any of the  acts  committed  under
Section 4 hereof.
A judgment on a violation of a BP0 may be appealed according to the Rules of
Court.  During trial and upon judgment, the trial court may motu proprio 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 acts described
in Section 4 hereof.
A complaint on a violation of a PO shall be filed by the complainant directly with
the  Court  that  issued  the  order,  or with  the  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 be 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.
SECTION  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.
SECTION 25.  Penalties -Commission of the acts described under Section 4 hereof
shall suffer the following penalties:
a)   Acts  falling  under  Section  4  (a),  (b),  (c),  (d),  (e),  (g),  (i),  and  (I)  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),  (b),  (e),  (g),  (i),  and  (I)  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 Injuries shall be punishable by
prision  correccional  and  those  resulting  in  slight  Physical   Injuries  shall  be
punished by arresto mayor.
c)   All  other  acts  enumerated  in  Section  4  hereof shall  be  punishable  by  prision
correccional and a fine in an amount of 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
counselling 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) months to one (1 ) year, at the discretion of the Court and pay a fine of not less than
Five   Thousand   pesos   (P5,000.00),   but   not   more   than   Ten   Thousand   pesos
(P10,000.00).
A person who fails to report any act of violence described in Section 4 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.)
The penalty provided shall be imposed in its maximum period:
1 )   lf the offender-perpetrator has been previously convicted under this Act;
2)   lf the offender is a descendant, collateral relative or family member of up to
the 2nd degree of consanguinity or affinity;
3)   lf the  offender  is  a  owner-operator,  manager,  or employee  of a  privately-
operated, for profit or non-profit, elderly facility;
4)   lf  the  offender  is  a  public  official,   staff  or  employee  of  a  government-
operated  elderly  residential/group  home;  Provided  that said  public servant
or employee can be subjected to suspension and/or termination according
to administrative discipline procedures.
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 DSWD.
SECTloN 26. Counselling and Treatment of Offenders -The DSWD shall provide
rehabilitative counselling 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.


SECTION  27.  Affirmative  Acts  -  To  ensure  that  the  rights  and  welfare  of  older
persons are  protected,  the following  programs and  interventions shall  be developed
and implemented:
a) Establish  clear advocacy/information  programs and  increase  public awareness to
minimize risks of neglect, abuse and violence to older persons;
b) Include training  on  the  prevention,  detection  and  management of social  problems
of senior citizens  among  healthcare  professionals and  law enforcement officers,
specifically on the handling of elder abuse cases;
c) Encourage the development and utilization of supportive community resources that
provide in-home services, respite care, and stress reduction with high-risk families;
ln  addition,  explore the  possibilities  of subsidies  and  outreach  support for family
and caregivers to promote quality homecare for senior citizens; and
d) Ensure  high   priority  to  the  enactment  of  measures  that  would   provide  social
protection to the elderly and reduce their socio-economic and political disparities.
e) Continue to develop and  initiate programs and services for senior citizens that are
gender-responsive,  rights-based,  and  culture-sensitive  so  as  to  ensure  specific
needs and concerns of senior citizens are identified and addressed.
f)  Review  school  curricula  and  teaching  modules  through  the  DepEd  and  CHED  to
highlight  with  renewed  focus  the  importance  of  family  values,  filial   piety,   and
respect for the elderly
SECTION  28. Appropriation - 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  General
Appropriations Act.
For  LGUs,  the  implementation  of the  programs  shall  be  charged  against the
internal  revenue  allotment  (IRA)  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 purposes of implementing this Act.
SECTION  29.  Implementing  Rules and  Regulations -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, as well as the Chairperson of the National Commission for Senior Citizens
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 or abuse against senior citizens. The
implementing  rules  and  regulations  (lRR)  provided  under this Act shall  be  reviewed
periodically, and revised,  if necessary.
SECTION 30. Suppletory Application -For purposes of this Act, the Revised Penal
Code and other applicable laws, shall have suppletory application.
SECTION 31. Separability Clause -lf any portion or provision of this Act is declared
invalid or unconstitutional, other provisions not affected thereby shall continue to be in
full force and effect.
SECTION  32.  Repealing  Clause  -  All  laws,  decrees,  executive  orders,   rules  or
regulations  contrary  to  or  inconsistent  with  the  provisions  of  this  Act  are  hereby
repealed or modified accordingly.
SECTION 33, Effectivity -This Act shall take effect fifteen (15) days after publication
in the Official Gazette or in newspaper of general circulation.
Approved