Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
Second Regular Session

5217

House Bill No.

Introduced by Representatives.
DIOSDADO MACAPAGAL ARROYO and GLORIA MACAPAGAL ARROYO

AN ACT
DEFINING WHO ARE INSTITUTIONALIZED PERSONS AND PENALIZING
THEIR MALTREATMENT

EXPLANATORY NOTE

Article Il, Section 9, of the 1987 Constitution provides that the "The State
shail 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 also states that “The State values the
dignity of every human person and guarantees full respect for human rights.”

In relation to this, persons confined in institutions providing skilled nursing,
intermediate or long-term care, or custodial or residential care, must be extended
adequate social se and respect. This will ensure that institutionalized
persons, as defined in this Act, will not be subjected to abusive and degrading
treatment from the peopie charged with their care and custody.

In view of the above, the immediate passage of this bill is fervently sought.

DIOSDAI GAL ARROYO GLORIA MACAPAGAL ARROYO
Second District, Camarines Sur Second District, Pampanga


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
Second Regular Session

5217

House Bill No.

Introduced by Representatives.
DIOSDADO MACAPAGAL ARROYO and GLORIA MACAPAGAL ARROYO

AN ACT
OEFINING WHO ARE INSTITUTIONALIZED PERSONS AND PENALIZING
THEIR MALTREATMENT

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

SECTION 1. Short Title. — This Act may be cited as the “Institutionalized
Persons Protection Act of 2011.”

SECTION 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
property.

SECTION 3. Definition of Terms. — As used in this Act, the term

a. “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 function is to provide skilled nursing,
intermediate or long-term care, or custodial or residential care.

b. “institutionalized persons" refers to persons kept in an institution as
defined in this Act who are:


i, mentaily ill, disabled, or retarded, or chronically ili or
handicapped;

ii. in jail, either by final sentence or under detention;
iii. juveniles -
a. held awaiting trial;

b. residing in such facility or institution for purposes of
receiving care of treatment; or

. 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 govemment
custody, mentally-il or disabled, mentally retarded, or
chronically ill or handicapped),

SECTION 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:

b. Withhold from such institutionalized persons services, resources and
facilities necessary for their maintenance and well-being; and

¢. Inflict, intentionally or through negligence, upon said person's
psychological or physical harm

SECTION 5. Penaf 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 ta any administrative case which may be filed
against the erring official.

SECTION 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.

SECTION 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.


SECTION 8. Repealing Clause. — Any law, presidential decree or
issuance, executive order, letter of instruction, administrative order, rule or
Tegulation contrary to, of inconsistent with, the provisions of this Act is hereby
tepealed, modified ar amended accordingly.

SECTION 9. Effectivity Clause. - This Act shall take effect fifteen (18)
days after its publication in at least two (2) newspapers of general circulation.

Approved,