Republic of the Phitippines
HOUSE OF REPRESENTATIVES
Quezon City

NINETEENTH CONGRESS
First Regular Session
‘ en

HOUSE BILL No, "89

inttuduced by

EXPLANATORY

Senior citizens, specitically described as those part or segment of the population who
are sixty (60) years old and above, are undeniably the crafters of whatever good the younger
society enjoys today. The decent events and circumstances happening at the present time
echoes the goodness the senior citizens have nurtured during their time.

significant role in the growth of their respective families and the development of
communities they belong could not be underestimated. Hence, we have to look after
them. It is consequently defined in the Constitution, Article XV, Section 4, that the family
has the duty to care for its elderly members but the State may also do so through just

programs of social sev

Nonetheless we should not only have to look and take good care of our senior citizens
by according what is due to them as provided by the present law. We also have to protect
them from abuse and violence. It is disturbing to note that there has been a rise in the
incidents of abuse and violence against our senior citizens. It is seen to rise further as the
ageing population is projected to rise and if we do not do something to thwart the aforesaid
incidents against our senior citizen.

This bill aims to dissuade abusive individuals to commit any form of maltreatment,
harm or abuse against our senior citizens by penalizing such acts and deeds. [his bill also
seeks to emphasize that senior citizen abuse is not a private matter but a public matter which
should be the concern of the society. It is also hereby defined what are the prohibited acts and
that the commission of which shall be dealt with the appropriate prescribed penalties.

in view of tie above mentioned premises, immediate passage OF this bill iy earnestiy
sought

SALVADOR A.

o


Republic of the Phihppines
HOUSE OF REPRESENTATIVES
Quezon City

NINETEENTH CONGRESS
Fits Regular Session
4538

HOUSE BILL NO.

AN
DE!

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

SECTION 1, itle~ this Act shall be known as the “Anti-Senior Citizen Violence and
Maltreatment Act of 202:

SEC. 2, Declaration of Policy - itis the declared policy of the State to provide adequate
social services and an improved quality of life for all

Equally imperative is that the State shall adopt measures to purge any form ot violence
and maltreatment against senior citizens and provide appropriate penalties for the
commission of such acts

SEC. 3. Definition of Terms - As used in this Act
a) Senior Citizen ~ reters to a person aged 60 years old and above

b) Senior Citizen Violence and Maltreatment — refers to the following acts
committed against a Senior Citizen:

1. Physical Abuse

2. Psychological and Mental Abuse
3. Sexual Abuse

4. Economic Abuse

5. Neglect and Abandonment

6. Material and Financial Exploitation

°) Domestic Violence ~- refers to acts of aggression on a senior citizen committed
by any of the tollowing individuals:


d)

Current or former spouse of the senior citizen/victim;
A person related by blood to the victim:

‘A person who is cohabiting with or has cohabited with the victim:

‘A person with whom the victim shares a child in common:

‘A person who is or has been in a social relationship of romantic or
intimate nacure wiki the vietimn,

wee

Emotional Abuse — refers to acts that include shouting, swearing, scaring or

humiliating an elderly through name-calling, ridicule, constant criticism, intimidation,
accusing, blaming, showing disrespect, ignoring, or giving them silent treatment:

SEC. 4. Prohibited Acts ~ Abuse and Violence against a senior citizen are established
upon the commission of the following acts

a)
bd}
i)
d)
co)
)
8)

hy

Causing physical abuse to a Senior Citizen;
Tineaening to cause physical abuse Ww a Senior Citizen,

Attempting to cause physical abuse to a Senior Citizen;

Placing a Senior Citizen in fear of imminent physical abuse;

‘Causing or attempting to cause sexual abuse to a Senior Citizen:
Causing or attempting to cause psychological abuse to a Senior Citizen;
Causing or attempting to cause economic abuse to a Senior Citizen: and

Neglect of a senior citizen.

SEC. 5. Penalties — The crime of Senior Citizen Violence and Maltreatment under

Section 4

hereof shall be penalized according to the following:

Acts falling under Section 4(a) hereof constituting attempted, frustrated or
consummated murder, homicide or parricide shall be penalized in accordance with
the Revised Penal Code

If these acts resulted in mutilation, it shall be punishable in accordance with the
Revised Pena Code, thuse constituting setivus pirysical injuries siaii itave tie
penalty of prision mayor. those constituting less serious physical injuries shall be
punished by prision correctional; and those constituting slight physical injuries
shall be punished by arresto mayor.

Aces

degree lower than the prescribed penalty for the consummated crime as specified in
Section 5(a) but shall in no case be lower than arresto maver

4{b) hereof sh

Acts falling under Section 4(c) and 4(d) hereof shall be punished by arresto

mayor


4. Acts falling under Section 4(e), except rape, shall be punished by prision mayor;
Rape shall be punished in accordance with the provisions of the Revised Penal Code.

5. Acts falling under Section 4(f) shall be punished by prision mayor:

5. Auts fal ter Seution Ky} 3 ied by piisivn Lurvediviul, aiid

m © ju

7. Acts falling under Section 4(h) hereof shall be punished by arresto mayor.

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

|, he ottender-perpetrator has been previously convicted under this Act;
2. The offender is a descendant, collateral relative or family member of up to the 2"’
degree of consanguinity or affinity;

3. The offender is tie owner-uperaiur, manager of employee via privaiely-operated,
for profit or non-profit, elderly facility; and

4. The offender is a public official, staff or employee of a government-operated
elderly residential home: Provided that said employee can be subjected to

a procedures
ie procedures,

 aosoRainmaadia
nt according to admi

suspension andor terra

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
Denartment of Social Welfare and Development (DSWD)

SEC. 6, Public Crime — Senior Citizen abuse and violence committed against them
shall be considered 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. Rights of a Senior Citizen - \n addition to the nights provided under existing
laws and that of the Office of the Senior Citizens Affairs, a senior citizen shall have the
following rights in the course of the hearing of the case involving senior citizen abuse or
violence:

aj Avail of fice iegai assistance on a case involving Section 4 of this Act,
b) ‘To be entitled to compensation and damage claim.

°) Avail of a safe temporary or long term shelter as may be necessary

4) Avail of free counseling and rehabilitation service.

SEC. 9. Establishment of a Senior Citizens Help Desk ~ Every barangay shall have a
Senior Citizen Help Desk. This help desk shall be dedicated to the concerned senior citizen


in distress to provide immediate response and assistance in coordination with barangay
officials and/or law enforcers.

SEC. 10. Adoption of a Protocol by the Law Enforcement Agencies in Responding to
Violence Committed Against a Senior Citizen - There shall be an established protocol to be
fuiiowed by aw enfuicement ageneies esponding w request 11 assistance UF senivt citize!
who are victims of a crime.

SEC. 11. Education and Training Programs for Intervenors — All law enforcement
agencies involved in responding or attending to the case of a senior citizen in distress shall be

by the Department of Socia!

Welfare and Development.

This will acquaint the intervenors to

ay the nature, extent causes, and risk factors of Senior Citizen Abuse
b) the legal rights and remedies available to the victim/s
c) the available services and facilities to the victims and/or survivors

4) the duties imposed on police officers in making lawful arrest and to offer
protection and assistance; and,

e) 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. 12, 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 thereatter.

SEC 13. Implementing Rules and Regulations (IRR) ~ With in six (6) months form the
approval of this Act.

SEC. i4. Suppietory Appiicution ~ For purposes of this Act, the Revised Penal Code

and other applicable laws, shall have suppletory application

SEC. 15. Separability Clause — I any portion of this Act is subsequently declared
invalid or unconstitutional, other provisions hereof which are not affected thereby shall

force and offect.

SEC. 16. Repealing Clause ~ All other laws, acts, presidential decrees, executive
orders, presidential proclamations, issuances, rules and regulations, or parts thereof which are
contrary to or inconsistent with any of the provisions of this Act are hereby repealed,
amended or modified accordinaly

DEC. 15. Effectivity — This Act shall take effect fifteen (15) days after its publication
in the Official Gazeute or in a newspaper of general circulation.

Approved.