Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quejon City

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 1053

Introduced by HON. LUIS RAYMUND “LRAY” F. VILLAFUERTE, JR.

EXPLANATORY NOTE

The Philippines is a nation of close-knit families and natural reverence to the elderly.
Our culture is laden with stories, traditions and norms that place them in high
esteem. We seek the wisdom of their counsel, appreciate their decades of hard work
and invaluable contribution to our society, and in the twilight of their years, we
express our respect, love and gratitude to the senior citizens of the country by taking
care of them. In the same vein, the State has legislated mechanisms to provide
various benefits and assistance to the elderly to ensure that the latter live their
remaining years safely, peacefully, and happily.

Statistics reveal that senior ci s old and

over, currently

comprise 6.8% of the country's tot:

n million, By 2040, the
numbers are expected to reach 13.8% of the population or almost 14 million. This

representation has come to the k

wiedge that more than 10,000 seniors in 46
countries around the world are subject to physical violence every day, according to
World Report on Violence and Health released by the World Health Organization
(WHO) in 2013. On a yearly basis, one million old people are subject to sexual
abuse while 29 million are subject to psychological abuse, and about 6 milion are

Subject to financial abuse. This bill is urgently proposed to safeguard the lives, liberty
and property of these our senior citizens who are usually physically and mentally frail
with age, and unable to defend themselves against any and all forms of abuse that

might befall them


Under this bill, crimes against the elderly shall be specifically identified, and vetted
stiffer penalties than those provided for similar acts in the Revised Penal Code
(RPC). Additionally, senior citizen abuse shall be categorized as a public crime, and
a charge may be instituted against the perpetrator by any person having personal
knowledge of the circumstances involving the commission of the crime.

Furthermore, a Senior Citizens Help Desk shall be established in every barangay
which shall provide immediate assistance to victims of Senior Citizen Abuse. This is
to ensure that representatives of the State are present and ready to extend help to
senior citizens in times of dire need and in the face of abuse.

Currently, there are several laws in place for the benefit of Filipino senior citizens
For instance, Republic Act 9994 or the Expanded Senior Citizens Act of 2010 which
provides them additional benefits and privileges. However, there is no legislation yet
that expressly and specifically for their physical safety, as well as the protection of
their property and liberty.

We constantly strive to improve the living conditions and overall welfare of our
elderly not only because it is the tradition of our heritage, but also because it is a
Core tenet of basic morality to care for the weak and defend the vulnerable.
Ultimately, this representation believes that our senior citizens still contribute to
nation-building, and deserve their dignity upheld

In consideration of the foregoing premises, the passage of this bill is most urgently
sought.

LUIS MUND//LRAY” F. VILLAFUERTE, JR.


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

House BiLt No, 1753

Introduced by HON. LUIS RAYMUND “LRAY” F. VILLAFUERTE, JR.

AN ACT
DEFINING AND PROHIBITING SENIOR CITIZEN ABUSE,
PROVIDING PENALTIES THEREFOR, AND FOR OTHER PURPOSES.

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

SECTION 1. Short Title. - This Act shall be known as “Anti-Senior Citizen Abuse Act
of 2018.”

SEC. 2. Declaration of Principles. — It is the policy of the State to protect and promote
the rights, dignity, security and welfere of the senior citizens of our society. Towards
this end, the State shall work actively for the elimination of all forms of senior citizen
abuse. The State shall provide sanctions for the commission of any form of senior
citizen abuse and adopt a program for the prevention and deterrence of and crisis
intervention in situations of senior citizen abuse.

SEC. 3. Definition of Terms, ~ As used in this Act
a) “Senior Citizen” refers to a person 60 years old or above;
b) “Senior Citizen Abuse” refers to a single, or repeated act, lack of appropriate
action, occurring within any relationship where there is an exception of trust

which causes harm or distress to a Senior Citizen. It includes, but is not limited
to, the following acts:


A. “Physical Abuse” refers to acts that include bodily or physical harm. It
includes striking, hitting, beating, pushing, shoving, shaking, slapping,
kicking, pinching, and burning, inappropriate use of drugs and physical
restraint, force-feeding, and physical punishment of any kind.

B. “Sexual Abuse” refers to non-consensual acts which are sexual in nature.
It includes rape, acts of lasciviousness, sodomy, coerced nudity, and
sexually explicit photographing and unwanted touching.

C. “Psychological Abuse” refers to acts or omissions causing or likely to
cause mental or emotional suffering. It includes verbal assaults, insults,
threats, intimidation, public ridicule, humiliation, mockery and vilification,
harassment, and enforced social isolation.

D. “Economic Abuse” refers to acts that make or attempt to make a Senior
Citizen financially dependent. It includes withdrawal of financial support,
controlling or misusing a Senior Citizen's own money or properties, cashing
a Senior Citizen's checks without authorization or permission, forging a
Senior Citizen's signature coercing or deceiving a Senior Citizen into signing
any document, and the improper use of conservatorship, guardianship, or
power of attorney.

E. “Neglect” refers to the failure of those responsible to feed, provide shelter
or health care, or protection to the Senior Citizen.

SEC. 4. Prohibited Acts Constituting Senior Citizen Abuse. - The crime of Senior
Citizen Abuse is committed through any of the following acts:

a) Causing physical abuse to a senior citizen;

b) Threatening to cause physical abuse to a senior citizen;

¢) Attempting to cause a senior citizen physical abuse;

d) Placing a senior citizen in fear of imminent physical abuse;

e) Causing or attempting to cause psychological abuse to a senior citizen
f) Causing or attempting to cause economic abuse to a senior citizen; and


9) Neglect of a senior citizen.

SEC. 5. Penalties. - The crime of Senior Citizen Abuse under Section 4 hereof shall
be punished according to the following rules:

a) Acts falling under Sec. 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;

If these acts resulted in mutilation, it shall be punishable in accordance with the
Revised Penal Code; those constituting serious physical injuries shall have the
penalty of prision mayor, those constituting less serious physical injuries shall
be punished by prision correccional; and those constituting slight physical
injuries shall be punished by arresto mayor.

b}

Acts falling under Sec. 4(b) shall be punished by imprisonment of one degree
lower than the prescribed penalty for the consummated crime as specified in
Sec. 5 (a) but shall in no case be lower than arresto mayor;

c) Acts falling under Sec.4 (c) and 4(d) shall be punished by arresto mayor; and

d) Acts falling under Sec. 4(e), except rape, shall be punished by prision mayor.

Rape shall be punished in accordance with the provisions of the Revised Penal
Code.

e) Acts falling under Sec. 4(f) shall be punished by prision mayor;

f) Acts falling under Sec. 4(g) shall be punished by prision correccisional; and

9) Acts falling under Sec. 4(h) shall be punished by arresto mayor.

The penalty provided shall be imposed in its maximum period if:

1) The offender-perpetrator has been previously convicted under this Act;
2)

The offender is a descendant, collateral relative or family member up to the 2%
degree of consanguinity or affinity;


3) The offender is an owner-operator, manager or employee of a privately-
operated elderly facility; and

4) The offender is a public official, staff or employee of a government-operated
elderly residential 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 of any institution from the Department
of Social Welfare and Development (DSWD).

SEC. 6. Public Crime. - Senior Citizen Abuse shall be considered as a public offense
which may be prosecuted upon the filing of a complaint by any citizen having personal
knowledge of the circumstances involving the commission of the crime.

SEC. 7. Prohibited Defense. — Being under the influence of alcohol, any illicit drugs,
or any other mind-altering substance shall not be a defense under this Act.

SEC. 8. Persons intervening Exempt from Liability. - Any person or private
individual acting in accordance with law, responds or intervenes without using violence
or restraint greater than necessary to ensure the safety of the victim, shall not be liable
for any criminal, civil, or administrative case resulting therefrom.

SEC. 9. Confidentiality. — All cases pertaining to Senior Citizen Abuse cases shall be
confidential and all public officers and employees of public or private hospitals and
clinics shall respect the right to privacy of the victim. Any person who shall make public
any relevant or identifying information about the case or the victim shall be made liable
for contempt of court, and shall suffer the penalty of one (1) year imprisonment and a
fine of Five Hundred Thousand Pesos (Php 500,000.00).

SEC. 10. Establishment of a Senior Citizens Help Desk. - Every barangay shall
establish a Senior Citizen Help Desk which shall provide immediate assistance to the


victims of Senior Citizen Abuse. The Senior Citizen Help Desk may be manned by
representatives

the Senior Citizens who are residents of the barangay or members
of a local Senior Citizen organization designated and authorized by the Barangay
Council or Chairperson.

Barangay officials or law enforcers shall respond immediately to a call for help
or request for assistance by entering the dwelling, checking on the well-being of the
victim, and ensuring the safety of the victim. As immediate respondents, they must
also transport or escort the victim to a safe place of their choice or to a clinic or hospital,
if and when necessary.

SEC. 11. Healthcare Provider Response to Abuse. — Any healthcare provider,
including but not limited to, an attending physician, nurse, clinician, barangay health
worker, therapist, social worker or counselor who suspects abuse or has been
informed by the victim of Senior Citizen Abuse shall:

a) Properly document any of the victim’s physical, emotional or psychological
injuries;

b) Properly record any of the victim’s suspicions, observations and circumstances
of the examination or visit;

c) Automatically provide the victim, free of charge, a medical certificate
concerning the examination or visit;

d) Safeguard the records and make them available to the victim upon request at
actual cost; and

@) Provide the victim immediate and adequate notice of right and remedies

provided under this Act, and services available to them.

SEC. 12. Rights of Victims. - In addition to their rights under existing laws, victims
of Senior Citizen Abuse shall have the following rights:


al

To be treated with respect and dignity;

b)

To avail of legal assistance from the Public Attorney's Office (PAO);

°)

To be entitled to support services from the DSWD and Local Government Units
(LGUs);

qd)

To be entitled to all legal remedies and support as provided for under the Family
Code; and

e)

To be informed of their rights and the services available to them including their
right to apply for a protection order.

SEC. 13. Barangay Protection Order. — Barangay Protection Orders (BPOs) refer to
the protection order issued by the Punong Barangay ordering the perpetrator to desist
from committing acts under Section 4 of this Act. A Punong Barangay who receives
applications for a BPO shall issue the protection order to the applicant on the date of
filing after ex parte determination of the basis of the application. If the Punong
Barangay is unavailable to act on the application for a BPO, the application shall be
acted upon by any available 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 was unavailable at the time for the issuance of the BPO.
BPOs shall be effective for thirty (30) days. Immediately after the issuance of an ex
parte BPO, the Punong Barangay or the Barangay Kagawad shall personally serve a
copy of the same on the respondent, or direct any barangay official to effect his
personal service.

The parties may be accompanied by a non-lawyer advocate in any proceeding
before the Punong Barangay.

SEC. 14. Mandatory Programs and Services for Victims. —The DSWD and the
LGUs shall provide the victims temporary shelters, provide counseling, psycho-social
services and/or recovery, rehabilitation programs and livelihood assistance.


The Office for Senior Citizens Affairs (OSCA) shall include services addressing
Senior Citizen Abuse. All suspected cases of Senior Citizen Abuse must be reported
in accordance with existing laws. The OSCA, in coordination with the Local Social
Welfare and Development Office (LSWDO), shall maintain a Senior Citizen Abuse
documentation and case monitoring system, and set up a databank to keep up an
accurate and reliable record of instances of abuse and violence committed against the
Senior Citizens.

SEC. 15. Formulation of the Program. - There shall be a comprehensive program
to be formulated, by the Department of Justice (DOJ) and the DSWD in coordination
with other government agencies and private sector concerned, within one (1) year

from the effectivity of the Act, to protect the Senior Citizen against Senior Citizen
Abuse.

SEC. 16. Duties of Other Government Agencies and LGUs. - Other government
agencies and LGUs shall establish programs such as, but not limited to, education
and information campaign and seminars or symposia on the nature, causes, incidence
and consequences of Senior Citizen Abuse particularly towards educating the public
on its social impacts.

It shall be the duty of the concerned government agencies and LGUs to ensure
the sustained education and training of their officers and personnel on the prevention
of the Senior Citizen Abuse under the Act.

SEC. 17. Trainings and Capacity-Building for Intervenors. - All government

agencies involved in responding to Senior Citizen Abuse cases shall be required to

undergo education and training to be conducted by the DSWD to acquaint them with:
a) the nature, extent, causes and risk factors of Senior Citizen Abuse;

b) the legal rights and remedies of victims of Senior Citizen Abuse;

Cc) legal duties of barangay officials, OSCA Heads, LSWDOs, police officers and
court authorities in offering assistance and protection;


d) the available services and facilities for victims of Senior Citizen Abuse;

@) specific techniques in handling Senior Citizen Abuse Cases to minimize injury
and promote the safety and ensure the well-being of the victim.

The Department of Health (DOJ) 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, especially on handling
Senior Citizen Abuse.

SEC. 18. Counseling and Rehabilitation of Offenders-Perpetrators. - The DSWD
shall provide rehabilitative counseling and treatment of perpetrators towards learning
constructive ways of coping with their anger, emotional outburst, or stress and
reforming their ways. Psychiatric treatment or confinement may also be recommended
by the responsible authorities if necessary.

SEC. 19. Funding. - The amount necessary to carry out the provisions of this Act is

hereby authorized to be appropriated in the General Appropriations Act of the year
following its enactment into law and thereafter.

SEC. 20. Implementing Rules and Regulations. - Within six (6) months from the
approval of this Act, the DOJ, the Department of Interior and Local Government, and
the Philippine National Police, and three (3) representatives from non-government
organizations to be identified by the DSWD shall promulgate the Implementing Rules
and Regulations of this Act.

SEC. 21. Suppletory Application. — For purposes of this Act, the Revised Penal
Code and other applicable laws, shall have suppletory application


SEC. 22. Separability Clause. - If any section or provision of this Act is held
unconstitutional or invalid, the other sections or provisions shall not be affected.

SEC. 23. Repealing Clause. — All laws, Presidential decrees, executive orders and

rules and regulations, or parts thereof, inconsistent with the provisions of this Act are
hereby repealed or modified accordingly.

SEC. 24, Effectivity. - This Act shall take effect fifteen (15) days from the date of its
complete public

n in at least two (2) newspapers of general circulation.

Approved,