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FIFTEENTH CONGRESS OF THE REPUBLIC) 
·OF THE PHILIPPINES 
} 
First Regular Session 
) 
SENATE 
Senate Bill No. 2415 
INTRODUCED BY SEN. JINGGOY EJERCITO ESTRADA 
EXPLANATORY NOTE 
The Constitution, Article 2, Section 9 provides that, "The State shall promote a 
just and dynamic social order that will ensure the prosperity and independence of 
the nation and free the people from poverty through policies that provide 
adequate social services, promote full employment, a rising standard of living, 
and an improved quality of life for all". 
Section 11 of the same article further provides that, "The State values the dignity 
of every human person and guarantees full respect of human rights". 
Accordingly, person confined in institutions for intermediate or long term care, or 
custodial or residential care, must be accorded adequate social services and 
respect for their dignity. 
This Act will ensure that confined persons will not be subjected to shabby and 
abusive treatment from the people charged with their care and custody. 
The immediate passage of this bill is fervently sought. 
Senator 


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'" 
FIFTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
SENATE 
Senate Bill No. 2415 
INTRODUCED BY SEN. JINGGOY EJERCITO ESTRADA 
AN ACT 
DEFINING WHO ARE INSTITUTIONALIZED PERSONS AND PENALIZING 
THEIR MALTREATMENT 
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled: 
SECTION 1. 
Short Title. - This Act may.be cited as the "Institutionalized 
Persons Protection Act". 
SEC 2. Declaration of Policy. - It is the policy of the State to provide adequate 
social services to institutionalized persons and to respect their dignity by 
ensuring that the persons in charge of their care and maintenance treat them 
properly. 
SEC 3. Definition of Terms. - As used in this Act: 
(1) The term "institution" means any facility or institution which is owned, 
operated, or managed by, or provides services on behalf of the 
government or its political subdivision and which functions is to provide 
skilled nursing, intermediate or long term care, or custodial or residential 
care. 
(2) The term "institutionalized persons" refers to persons kept in an institution 
as defined in this Act who are: 
a. mentally ill, disabled, or retarded, or chronically ill or handicapped; 
b. in jail, either by final sentence or under detention; 
c. juveniles who are: 
i. held awaiting trial; 
ii. residing in such facility or institution for purposes of receiving 
care or treatment; or 
iii. residing for any government purpose in such facility or 
institution (other than a residential facility providing only 
elementary or secondary education that is not an institution 
in which reside juveniles who are adjudicated delinquent, in 
need of supervision, neglected, placed in government 
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custody, mentally ill or disabled, mentally retarded, or 
chronically ill or handicapped). 
SEC 4. Prohibited Acts. - It shall be unlawful for any official, employee or agent 
of the government, or other person acting on behalf of the government charged 
with the care of an institutionalized person to: 
(A) 
Subject persons residing in, or confined to an institution to 
egregious or flagrant conditions causing such person to suffer 
physical injuries; 
(8) 
Withhold from such institutionalized persons services, resources 
and facilities necessary for their maintenance and well-being; and 
(C) 
Inflict, intentionally or through negligence, upon sad persons 
psychological or physical harm. 
SEC 5. Penal Liability. - Any of the persons referred to in Section 4 of this Act, 
who are guilty of the commission of the prohibited acts enumerated therein shall 
be penalized with imprisonment ranging from six (6) months to one (1) year. This 
is without prejudice to any administrative case which may be filed against the 
erring offiCial. 
SEC 6. Civil Liability. - A responsible official found guilty of violating this Act 
shall also be civilly liable for any damage that may be suffered by the 
institutionalized person as a result of the violation of this Act. 
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 proVisions 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, 
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