FOURTEENTH CONGRESS OF THE REPUBLIC ) 
OF THE PHILIPPINES 
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8 JUN IO Pti:d! 
First Regular Session 
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Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
The Constitution, Article 2, Section 11 provides that: 
The State values the dignity of every person and guarantees full 
respect for human rights. 
In addition, Article 15, Section 4 provides that: 
The family has the duty to care for its elderly members but the 
state may also do so through just programs of social security. 
The Penal Code is replete with provisions penalizing abandonment of children 
and other persons in danger. Articles 275 to 378 of the Penal Code punish various forms 
of abandonment or neglect. 
However, there is no punishment for abandoning or 
neglecting elderly people and people with disability. 
Our country is known for caring for our elders and our family members who have 
disabilities. However, there are still reported cases of neglect and abandonment of 
vulnerable elderly persons and persons with disabilities. Admittedly, the government has 
very limited resources to provide for each and every vulnerable elderly person and person 
with disability. It still must rely primarily on these persons' family members. 
Therefore, in order to protect this vulnerable sector of our society, this hill aims to 
penalize neglect of vulnerable elderly persons and persons with disabilities. 


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FOURTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
1 
8 JUN 10 F’6 .*‘I 
1 
First Regular Session 
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SENATE 
I 
S. No. 
Introduced by Senator Miriam Defensor Santiago 
AN ACT 
DEFINING AND PENALIZING THE CRIME OF CRIMINAL NEGLECT OF A 
VULNERABLE ELDERLY PERSON OR A PERSON WITH DISABILITY 
Be it enacted by the Senate and the House of Representatives of the Phdcppines in 
Congress Assembled 
SECTION 1. Short Title. - This Act shall be known as “Care for the Elderly and 
the Disabled Act of 2008.’’ 
SECTION 2. Declaration of Policy - The State values the dignity of every person 
and guarantees full respect for human rights. To this end, the State will penalize the neglect 
of a vulnerable elderly person 
SECTION 3. Definition of Terms. - For the purposes of this Act, the following 
terms shall mean: 
1. “Vulnerable elderly person” means a person sixty (60) years of age or older 
who is suffering from a disease or infirmity associated with advanced age. 
2. “Person with a disability” means a person who has a physical, mental or 
medical impairment resulting from anatomical, physiological, or neurological conditions 
that prevent the exercise of a normal bodily function or that substantially impair cognitive 
function, and include hut is not limited to, impairments requiring the use of an artificial 
device to move, walk, see, hear or breathe, such as a wheelchair, braces, crntches, 
respirator, or other supportive equipment, or use of a guide dog or other guiding device, 
and which renders such person incapable of adequately providing for his or her own health 
and personal care. 
3. “Caregiver” means a person who provides for the health, welfare and personal 
care of a vulnerable elderly person or a person with a disability, at such person’s place of 
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residence, including but not limited to, food and nutrition, shelter, hygiene, prescribed 
medication and medical care or treatment. 
The term caregiver shall include: 
(a) a parent, spouse, adult child or other relative by blood or marriage 
who resides with or resides in the same building with and who regularly visits 
the vulnerable elderly person or the person with a disability, and who knows or 
reasonably should know of such person’s physical or mental impairment and 
knows or reasonably should know that such person is unable to adequately 
provide for his or her own health and personal care; 
(b) a person employed by the vulnerable elderly person or a person with a 
disability or by another to reside with or regularly visit the vulnerable elderly 
person or the person with a disability and provide for such person’s health and 
personal care; 
(c) a person who has agreed for consideration to reside with or regularly 
visit the vulnerable elderly person or the person with a disability and provide for 
such person’s health and personal care; 
(d) a person who has been appointed by a private or public agency or by 
a court of competent jurisdiction to provide for the health and personal care 
of tlie vulnerable elderly person or the person with a disability; and 
(e) a person who holds a power of attorney or other legal or fiduciary 
relationship that requires such person to provide for the health and personal 
care of the vulnerable elderly person or the person with a disability. 
The term caregiver shall not include a long-term health care facility licensed or 
certified under the provisions of public heafth laws or any administrative, medical or 
other personnel of such a facility, or a health care provider who is licensed under the 
education law and renders care in the ordinary course of his or her profession. 
4. “abandon” means to desert a vulnerable elderly person with intent to wholly 
abandon him or her. 
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SECTION 4. Cviminal Neglect of a Vulnerable Elderly Person or a Person 
with a Disability. - A person is guilty of criminal neglect of a vulnerable elderly person 
or a person with a disability when he or she is a caregiver and: 
1. knowingly acts in a manner likely to cause the vulnerable elderly person or the 
person with a disability’s life to be endangered, health to be injured, or pre-existing 
physical or mental condition to deteriorate; or 
2. fails to perform acts which he or she knows or reasonably should know are 
necessary to maintain or preserve the life or health of the vulnerable elderly person or the 
person with a disability and such failure causes said person’s life to be endangered, health 
to be injured or pre-existing physical or mental condition to deteriorate; or 
3. abandons the vulnerable elderly person or the person with a disability. 
SECTION 5. Exceptions. - No provision of this Act shall be deemed to impose 
criminal liability upon any person who has made a good faith effort to provide for the 
health and personal care of the vulnerable elderly person or the person with a disability 
but through no fault of his or her own has been unable to provide such care. In addition, 
no provision of this article shall be construed as prohibiting a person from providing 
treatment by spiritual means through prayer alone and care consistent therewith in lieu of 
medical care and treatment in accordance with the tenets and practices of any church or 
religious denomination of which the vulnerable elderly person or the person with a 
disability is a member. 
SECTION 6. Penalty. - Any person found guilty of committing the acts punished 
in this Act shall be punished by imprisonment of not less than one (1) year but not 
exceeding five (5) years and a fine not less than Ten Thousand Pesos but not exceeding 
One Hundred Thousand (Php 100,OO.OO) Pesos. 
SECTION 7. Other Remedies. - No provision of this Act shall be construed to 
limit the remedies available to the vulnerable elderly person or the person with a 
disability under any other provision of law. 
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SECTION 8. Separability Clause. - If any provision or part thereof, is held 
invalid or unconstitutional, the remainder of the law or the provision not otherwise 
affected shall remain valid and subsisting. 
SECTION 9. Repealing Clause. - Any law, presidential decree or issuance, 
executive order, letter of instruction, administrative order, rule or regulation contrary to, 
or inconsistent with the provisions of this Act is hereby repealed, modified or amended 
accordingly. 
SECTION 10. Efectivity Clause. - This Act shall take effect fifteen (15) days 
after its publication in at least two (2) newspapers of general circulation. 
Approved, 
/jps2/29/08 
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