EIGHTEENTH CONGRESS
OF THE REPUBLIC OF THE PHILIPPINES 4

First Regular Session )
HOUSE OF REPRESENTATIVES
House Bill No._°®

Introduced by Representative Victor A. Yap

EXPLANATORY NOTE

In Article II, Sections 10 and 11 of the Constitution, it is declared that the State shall provide
social justice in all phases of national development and that the State values the dignity of every
human person and guarantees full respect for human rights. Furthermore, pursuant to Article XV,
Section 4, itis the duty of the family to take care of its elderly members while the State may design
programs of social security for them.

Elder abuse in the country remains invisible and unaddressed. One in six elderly people
experience abuse and the figure is seen to rise as the population ages globally, a study of the World
Health Organization (WHO) shows. Despite the frequency and serious consequences, elder abuse
remains one of the least investigated types of violence and one of the least addressed in national
plans to prevent violence, the WHO study further noted. ‘The most common type of abuse
experienced is verbal abuse and the most common perpetrators are their own children and other
family members.

‘The number of senior citizens in the country, which is currently around 8 million, has been
steadily growing. Currently, there is no specific legislation on the prevention of elder abuse or on the
provision of support services and access to redress for victims. While there are laws protecting
women and children from abuse, it is also imperative to have a dedicated national legislation on the
prevention of elder abuse and on the provision of support services.

‘Thus, this bill secks to provide senior citizens who are victims of violence with protection
and legal assistance, medical assistance, support services from the DSWD and LGU concerned,
livelihood assistance, and all other appropriate programs to ensure the personal safety and security
of seniors and prevent the recurrence of violent acts committed against them. ‘This measure also
mandates stiffer penalties against elder abuse. Every barangay is further mandated to establish a
Senior Citizen Help Desk that shall provide immediate assistance to victims of abuse.

‘To afford greater protection to our senior citizens, the passage of this bill is earnestly sought.

vi A.
Representative, 2nd District of Tarlac


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EIGHTEENTH CONGRESS
OF THE REPUBLIC OF THE PHILIPPINES }

First Regular Session )

HOUSE OF REPRESENTATIVES

House Bill No. _* BS

Introduced by Representative Victor A. Yap

AN ACT
PROTECTING SENIOR CITIZEN FROM VIOLENCE, DEFINING ELDER ABUSE,
AND PRESCRIBING PENALTIES THEREFOR

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

SECTION 1. Short Title. — This Act shall be known as the “Anti-Elder Abuse Act”.

SEC. 2. Declaration of Policy — \t is hereby declared the policy of the State to value the
dignity of senior citizens and thereby guarantee full respect for human rights. The State also
recognizes the need to protect the family and its members, particularly the senior citizens from all
forms of violence, abuse, neglect, exploitation and coercion, especially acts deleterious to their
personal safety and security.

‘Towards this end, the State shall exert efforts to address all forms of violence, abuse, neglect,
exploitation and coercion, especially acts deleterious to their personal safety, security, dignity or any
discriminatory act committed against senior citizens in keeping with the fundamental freedom

guaranteed under the Constitution and the provisions of the universal Declaration of Human Rights.

SEC. 3. Definition of Terms, — As used in this Act.
a) Domestic violence refers to acts or threats of violence on a senior citizen, to exclude an
act of self-defense, committed by any of the following:
1) current or former spouse of the victim;
2) person related by blood or marriage to the victim;
3) a person who is cohabiting with or has cohabited with the victim;
4) person with whom the victim shares a child in common;
5) a person who is or has been in a social relationship of 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) Elder abuse refers to a single or repeated act, or lack of appropriate action, occurring
with any relationship where there is an expectation of trust, which causes harm or distress to a
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 result or is likely to result in physical or psychological
harm, suffering or distress, or neglect including threats of such acts, battery, physical assault,
coercion or arbitrary deprivation of liberty. This includes physical violence, psychological or
emotional, economic or domestic violence, and neglect or abandonment;

©) Emotional abuse refers to acts that include shouting, swearing, scaring or humiliating a
senior citizen through name-calling, ridicule, constant criticism, accusing, blaming, showing
disrespect, ignoring, or giving them the silent treatment;

d Safe place or shelter cefers to any home or institution maintained or managed by the
Department of Social Welfare and Development (DSWD) or by any other suitable place that is
willing to accommodate the aggrieved senior citizen; and

©) Senior citizen refers to any resident citizen of the Philippines at least sixty (60) years old
as defined under republic Act. No. 9994, otherwise known as the “Expanded Senior Citizen Act of
2010.”

SEC. 4. Acts of Violence Against a Senior Citizen. ~ Acts of violence against a senior
citizen are acts that cause harm or distress committed once or repeatedly through any of the
following:

a) Physical abuse or infliction of pain or injury with the use of physical force resulting in bodily
injury, physical harm, pain or impairment, suffering or distress;

b) Psychological, mental or emotional abuse causing mental or emotional suffering or distress;

©) Material exploitation through illegal or improper use of funds ot resources of the senior

citizen; and economic or financial abuse through acts that make the senior citi:

n financially
dependent; and

d) 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, ot by a

person with custody of the senior citizen.

SEC. 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 law,
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;

©) to be entitled to all legal remedies as provided for under the Family Code;


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d) to be informed through the Senior Citizen Help Desk established hereunder of the senior
citizen's rights and services available including the right to apply for a protection order; and
6) to be entitled to actual, compensatory, moral and exemplary damages.

SEC. 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 counseling, psycho-social services, recovery or rehabilitation programs and
livelihood assistance;

b) counseling, healing, recovery and rehabilitation services; and

©) the appropriate programs to ensure the personal safety and security of a senior citizen and
prevent the recurrence of the 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.

SEC. 7. Response to a Request for Assistance. ~ In responding to a request for assistance,
a barangay official or law enforcer shall have the following duties:

4) respond immediately to a call for help or request for protection of the victim by entering the
senior citizen victim'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 views

©) transport the victim to a barangay hall, or to a clinic or hospital;

4) assist the victim in removing personal belongings from the dwelling:

©) ensure the enforcement of the Protection Order (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

2 _ immediately report the call for assistance to the DSWD, the LGU or accredited Non-
Government Organization (NGO).

SEC. 8 Philippine National Police (PNP) Protocol in Responding to Violence
Committed Against a Senior Citizen, - The Philippine National Police (PNP) is hereby ditected
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.


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SEC. 9, Education and Training Programs for Law Enforcement Officers and Persons
Involved in Responding to Cases of Violence Against a Senior Citizen. — 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;

©) the services and facilities available to victims or survivors;

d) the duties imposed on police officers in making lawful arrest and to offer protection

and assistance; and,
©) 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.

SEC. 10. Mandatory Reporting of Domestic Violence.- A public officer who receives a
complaint of violence committed against a senior citizen or the head of a public or private hospital,
medical clinic or similar institutions, as well as the attending physician or nurse, clinician, barangay
health worker, therapist or counselor 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 form
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 with 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.

SEC. I. Establishment of a Senior Citizen Help Desk. ~ Every barangay shall establish a
Senior Citizen Help Desk which shall provide immediate assistance to victim-survivors of abuse.
Besides barangay officials, it may be manned by representatives of the senior citizen sector or by
members of a local senior citizen organization designated and authorized by the Barangay Council or

Chairperson.

SEC. 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.


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SEC. 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.

SEC. 14. Protection Order (PO). — A Protection Order (PO) is an injunction under this Act
that maybe requested or issued for the purpose of preventing further acts of abuse or violence
against senior citizens as specified in 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 (IPO); 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 Sec. 4;

b) Whenever applicable, issuance 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;

©) _Issuance 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;

4) Prohibition of the respondent from directly or indirectly communicating or
contacting the petitioner;

©) _ Issuance 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 concemed to provide therapy, counseling and other support services to the
aggrieved party or parties;

8) _ Issuance 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 of the deemed necessary by the Court for the protection of the
petitioner and such other persons who may be in need of the same.


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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 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 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 a case, the applicant shall attest that the victim is
residing in the municipality or city over 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 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) anattestation 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, counselor, 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 the Court shall be considered an application for both a
TPO and a PPO.


SEC. 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
favor 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 noticed of the issuance of a new PO.

SEC. 16. Legal Representation of Applicant for a PO, ~ \f a petitioner for a PO is
requesting for the appointment of a counsel because of lack of economic means to hire a counsel de
part, 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 abuse, shall qualify for legal representation by the DOJ,
the Public Prosecutors’ Office or the PAO.

However, a private counsel offering free legal service is not barred from representing the

petitioner with the latter’s consent, and with the leave of Court.

SEC. 17 Barangay Protection Order (BPO). ~ \ Barangay Protection Order (BPO) is
issued by the Lapong Tagapamaygpa and the Punong Barangay or Barangay Chairman. The issuance of a
BPO or the pendency of an application for a BPO shall not preclude petitioner from applying for,
the Court from granting a 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 ot Barangay Chairperson who receives application for a BPO shall issue the
PO to the applicant on the date of filing after ex parte determination of the basis of the application.
If the Panong Barangay or the Barangay Chairman is unavailable to act on the application for a BPO,
the application shall be acted upon by any available Lapong Tagapamayapa or Barangay Kagawad. If the
BPO is issued by a 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 the 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 Panong Barangay ot Kaganud
shall personally serve a copy of the same to the respondent, or direct any barangay official to
personally serve the order.

Within forty-cight (48) hours of issuance of an ex parte, BPO, the Punong Barangay or Barangay
Kagawad must refer the case to the Lapong Tagapamayapa. The case shall be heard by the Lupong


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Tagapamaygpa 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.

SEC. 18. Temporary Protection Oder (TPO). ~ A Vemporary 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 territorial RTC, Metropolitan Trial Court, Municipal Trial Court or Municipal Circuit Trial
Court with territorial jurisdiction over the place of residence of the offended family or the senior
citizen victim 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.

‘A Court that receives an application for a PO shall issue a TPO on the date of filing of the
application for ev 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 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 hearing on the merits of the issuance of PPO.

SEC. 19, Permanent Protection Order (PPO). ~ \ 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 a RIC, Metropolitan Trial Court,
Municipal ‘Trial Court or Municipal Circuit Trial Court with territorial jurisdiction over their 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 rescheduling 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.


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‘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 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 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 Tagapamajapa, the Pumong Barangay ot the Barangay
Chairman, the Barangay Kagawad, the Official of the Judge administratively liable.

SEC. 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.

Respondents shall be notified of the issuances of a PO,

SEC. 21, Prohibition Against Undue Influence Over a Protection Order Applicant.

Lupong Tagapamayapa, a Punong Barangay or Barangay Chairman, 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

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compromise or abandon any of the reliefS sought in the application for a 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 the proceedings where relief is sought under this Act.
Failure to comply with this section shall render the concerned individual, official or Judge

administratively liable.

SEC. 22, Mutual Protection Order Prohibited. — No order for protection of the offender
or respondent may be granted by a Lupong Taggpamaapa or a Punong Barangay or Barangay
Chairman and the Courts.

SEC. 23. Complaint Against a Violation of Protection Order. — A complaint on the
violation of a BPO issued under this Act shall be filed directly with any Municipal Trial Court,


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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 file for
any of the acts committed under Sec. 4 hereof.

A judgment on a violation of a BPO may be appealed according to the Rules of Court. During
trial and upon judgment, the trial court may motu proporio 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 criminal or civil action that the offended
party may file against a person who has committed any acts described in Section 4 hereof.

A complainant on a violation of a PO shall be filed by the complainant directly with the Court
that issued the order, or with that 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 appealed according to the Rules of Criminal
Procedure. During trial and upon judgment, the Court may motw proprio issue a PO as it deems

necessary.

SEC, 24, Hold Departure Order. — A hoid 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.

SEC. 25. Penalties. — Commission of the acts described under Sec. 3 hereof shall suffer the
following penalties:

a) Acts falling under Section 4 (a) 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) 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 physical injuries
shall be punishable by prision correctional and those resulting in slight physical injuries shall be
punishable by arresto mayor:

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9 _Allother acts enumerated in Section 4 hereof shall be punishable by prision coreational
and a fine in an amount 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 counseling ot 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) moths to one (1) year,
at the discretion of the Court and pay fine of not less than Five thousand pesos (P5,000.00), but not
more than Ten thousand pesos (P10,000.00).

Any person who fails to report any act of violence described in Section 3 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.

SEC. 26. Counseling and Treatment of Offenders. — The DSWD shall provide
rehabilitative counseling and treatment to perpetrators towards learning constructive ways of coping
with anger and emotional outbursts and reforming their ways. When necéssary, the offender shall be

ordered by the Court to submit to psychiatric treatment or confinement.

SEC. 27, Appropriations. ~The amount necessary for the initial implementation of this Act
shall be charged against the current year’s appropriations of the concemed departments. Thereafter,
the amount needed for the continued implementation of this Act shall be included in the budget of
the concemed departments in the annual General Appropriations Act.

For LGUs, the implementation of the programs shall be charged against the internal revenue
allotment and other internally generated funds of the LGU concemed.

In addition, the departments concemed and the LGUs may accept donations, contributions

and grants from various sources for purpose of implementing this Act.

SEC. 28. Implementing Rules and Regulations (IRR). — 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 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 against senior citizens. The
implementing rules and regulations (IRR) provided for under this Act shall be reviewed periodically,

and revised, if necessary.

SEC. 29. Suppletory Application. — For purposes of this Act, the Revised Penal Code and
other applicable laws, shall have suppletory application.

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SEC. 30. Separability Clause. - \f any provision of this Act shall be declared
unconstitutional or invalid, such declaration shall not invalidate other parts thereof which shall

remain in full force and effect.
SEC. 32. Repealing Clause. — All laws, presidential decrees, executive orders, rules and
regulations or parts thereof which are inconsistent with or contrary to the provisions of this Act are

hereby amended, repealed or modified accordingly.

SEC, 32. Effectivity. —'This Act shall take effect fifteen (15) days after it publication in the
Official Gazette or in any newspaper of general circulation.

Approved.

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