Republic of the Philippines
HOUSE OF REPRESENTATIVES
Constitution Hills, Quezon City
NINETEENTH CONGRESS
Second Regular Session
HbusE BILL No.  913 2
INTRODUCED HON. RuWEL PETER S. GONZAGA
EXPLANATORY NOTE
The   Commission   on   Human   Rights   has   committed   to   ensure  the   protection,
promotion,  and  fulfillment  of  all   human   rights  especially  those  who  are  consider6d
disadvantaged,   marginalized,   and  vulnerable  sector  of  our  society.   In   addition,   the
enactment  of a  law that  will  ensure  the  welfare  of older  persons  and  their  protection
against abuse and neglect is deemed  necessary.
Based on their data, as of 2014, there are violation of rights cases involving victims
aged sixty (60) years old and above. The range of 3.2 to 27.5% elderly abuse reported  by
the  general  public  of which  children  are the  main  perpetrators.  The  extent  of abuse  is
primarily on physical and verbal,  ridicule and discrimination, the dependence of younger
family members in the older person's meager financial savings and negligence.
All  over the world  there  is a  serious  problem  on  elder persons and  senior citizens
who are commonly subjected to all kinds of abuses.  Our failure to act can`create a risk or
harm   to  them   whether  unintentional   neglect  or  inte,ntional   neglect.  The   Philippine
Government has a mandate to protect and promote the wellbeing of our senior citizens.
According  to  the   Philippine  Statistics  Authority  (PSA),   the  aging   population   of  the
Philippines doubled the number of Filipinos aged 60 years and above.
On  the  same  manner,  report  from  the  Philippine  National  complaint  desk  also
manifested  the  increasing  number of  Filipino  elderlies who  are  abused  in the  hands  of
their  own  family,  caregiver  and  loved  one.    This  information  does  not  include  those
unreported cases because they are afraid to report or tell the police, friends, or family that
they are also victims which aggravate their feelings of being hurt.
The passage of this bill will be a framework of every Filipino elder and senior citizens
that they have a right and that the State will protect them on any form of elderly abuse.
nv,ewoftheforegoingthe!mmed!aae}Sfi#nSTUGgAht


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Constitution  Hills, Quezon City
NINETEENTH CONGRESS
Second Regular Session
tiousE BILL No. 913 2
INTRODUCED HON. RuWEL PETER S. GONZAGA
AN ACT
DEFINING AND PROHIBITING SENIOR CITIZEN ABUSE,  PROVIDING  PENALTIES
THEREFOR, AND FOR OTHER puRrosEs
Be  it  enacted  by  the  Senate  and  House  of  Representatives  of the  Philippines  in
Congress assembled:
SECTION  1.  Sborf  Ti.fle. -This  Act  shall  be  known  as  the  "Anti-Senior Citizens
Abuse Act 2023."
SEC. 2. Declaration of poljcy. -lt is the policy of the State to protect and promote
the rights, dignity, security, and welfare of senior citizens. Towards this end, the State shall
work  actively  to  eliminate  all  forms  of senior  citizen  abuse,  provide  sanctions  for the
commission of any form of abuse inflicted upon senior citizens, and adopt a program for
the prevention, deterrence, and crisis intervention in situations of senior citizen abuse.
SEC. 3. Definition of Terms. - As used in th.is Act..
a)       Seniorcitizen refersto a person sixty (60) years old orabove;
b)      Senior citizen Abuse refers to a single, or repeated act, or lack of appropriate
action, occurring within any relationship where there is an expectation of trust
which causes harm or distress to a Senior Citizen. It includes, but is not limited
to, the following acts:
1)       Plyst.co/  Abuse  refers  to  acts  that  include  bodily  or  physical  harm.  It
includes  striking,  hitting,  beating,  pushing,  shoving,  shaking,  slapping,
kicking,   pinching,   burning,   inappropriate   use   of  drugs   and   physical
restraints, force-feeding, and  physical punishment of any kind;
2)       Sexuc7/Abuse refers to non-consensual acts which are sexual  in nature. It
includes, but is not limited to, (i) rape, acts of lasciviousness, treating one
as  a  sex  object,  making  demeaning  and  sexually  suggestive  remarks,
physically attacking  the  sexual  parts  of the  body,  forcing  one to watch
obscene publications and indecent shows or forcing one to do indecent
acts and/or make films or photographs thereof, sodomy, coerced nudity,
and unwanted sexual touching; (ii) causing or attempting to cause one to
engage in any sexual activity by force, threat of force, whether physical or
other  harm,  or  threat  of  physical  or  other  harm  or  coercion;  or  (iii)
prostituting the senior citizen;


3)       Psycho/og{.ca/ AbL/se  refers  to  acts  or  omissions  causing  or  is  likely  to
cause  mental  or emotional  suffering.  It  includes verbal  assaults,  insults,
threats,   intimidation,   public   ridicule,   humiliation,   mockery,  vilification,
harassment, and enforced social isolation;
4)       Econom{.c Abuse  refers to  acts  that  make  or  attempt  to  make  a  Senior
Citizen financially dependent.  It includes withdrawal of financial  support,
deprivation  or threat of deprivation  of financial  resources  and  the  right
to  the  use  and  enjoyment  of one's  property,  control  or  misuse  of the
money or property of a Senior Citizen, encashment of a Senior Citizen.s
check without authorization  or permission,  forgery of a  Senior Citizen's
signature,  coercion  or  deception  of  a  Senior  Citizen  into  signing  any
document,  and  the  improper  use  of  conservatorship,  guardianship,  or
power of attorney;
5)       Iveg/eat  refers  to  the  failure  of  those  responsible  to  feed,  or  provide
shelter, health care, or protection to a Senior Citizen.
SEC. 4. Prohibited Acts Constituting Senior Citizen Abuse. -The cr.iine Of Sen.ior
Citizen Abuse is committed through any of the following acts:
a)       Causing, threatening, attempting to cause or placing a senior citizen in fear of
imminent, physical abuse to a Senior Citizen;
b)       Causing or attempting to cause sexual abuse to a senior citizen;
c)       Causing orattempting to cause psychological abuseto a senior citizen;
d)       Causing orattempting to cause economic abuse to a seniorcitizen;
e)       Neglectofaseniorcitizen;an
f)        Otheranalogousorsimilaracts.
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 subsections (a) and  (b) shall be punishable by prison  mayor
in its maximum period;
b)       Acts  falling  under  Subsection  (c)  shall  be  punishable  by pri.son  mojJor  I.r}  I.ts
medium and maximum periods.,
c)       Acts  falling  under  Sec.  4(d)  shall  be  punishable  by pri.son  correctt.ono/  I.n  [t5
maximum and prison mayor in its minimum period.,
d)       Acts  falling  under  Sec.  4(e)  shall  be  punishable  by  orresto  mcJyor,  unless  it
results in a physical, psychological and other abuse.
The penalty provided  herein shall be imposed in its maximum period if:
a)       The offender-perpetrator has been previously convicted under this Act;
b)       The offender is a relative of up to the 2nd degree of consanguinity or affinity
to the victim;
c)       The  offender  is  an  owner-operator,  manager,  or  employee  of  a  privately-
operated, for profit or non-profit, elderly facility; and
d)      The offender is a  public official, staff or employee of a government-operated
elderly residential/group home; Provt.bed, 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 filing of the appropriate civil
case  for  damages  or  administrative  cases.  Administrative  penalties  shall   include  the
suspension or revocation of accreditation or license to operate issued by the Department
of Social Welfare and  Development (DSWD).
SEC. 6. Publl.c Crine. -Senior Citizen Abuse 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.   Defense. - Being  under the influence of alcohol,  any illicit drugs,  or any
other mind-altering  substance  shall  be considered  as aggravating  circumstances  under
this Act.
SEC. 8. Persons Intervening Exempt from Liabiltry: - Any person who responds
or intervenes with force or violence that is greater than necessary to ensure the safety of
the  victim,  shall   not  be  liable  for  any  criminal,  civil,  or  administrative  case  resulting
there from.
SEC. 9. Co»fEdeoffaf(.ty. -All Senior Citizen Abuse cases shall be confidential. For
this purpose, all persons shall respect the right to privacy of the victim in accordance with
Republic Act No.10173, or the Data Privacy Act of 2012, and other related laws, rules, and
regulations.  Any  person  who  shall  make  public  any  relevant  or  identifying  information
about the case or the victim  shall  be  punished with  imprisonment of one (1) year and  a
fine of Five Hundred Thousand  Pesos (P500,000.00).
SEE.10. Establishment of a Senior Citieens Help Desk. -Every barangay shall
establish  a   Senior  Citizen   Help   Desk  and  corresponding   hotline  number  which  shall
provide immediate assistance to the victims of Senior Citizen Abuse. The Senior Citizen
Help Desk may be manned by representatives of the Senior Gtizens who are residents of
the   barangay   or   members   of  a   local   Senior   Citizen   organization   designated   and
authorized by the Barangay Council or Chairperson. In addition, police stations across the
country   shall    have    a    Senior   Citizen    Desk   which    shall    attend    to,    and    act   on,
complaints/cases covered by this Act.
SEC. 11. Respo»5e to a Request for Assjsfonce. -ln responding to a request for
assistance, a barangay official or law enforcer shall have the following duties:
a)       Respond immediatelyto a call forhelp or request for protection ofthevictim
by entering  the  Senior Citizen  victim's  dwelling,  if  necessary,  to  assist the
victim;
b)       Confiscate any harmful object in the  possession of the perpetrator,  or one
which  is within  plain view;
c)       Transportthevictim to a barangay hall, orto a clinic or hospital;
d)       Assistthevictim in removing personal  belongings from the dwelling;
e)       Ensure the enforcement of the protection order issued  in accordance with
Section 14 hereof;
f)       Arrest the suspected  perpetrator even without a warrant when any of the
acts constituting Senior Citizen abuse defined hereof is occurring, or if based
on personal  knowledge, an act of violence has been committed, and there
is imminent danger to the life or limb of the Senior Citizen; and
g)       Immediately   report   the   call   for   assistance   to   the   DSWD,   the   Local


Government   Unit   (LGU)   or   accredited    Non-Government   Organization
(NGO).
SEC.12. HeaftAcare 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
e)          Provide  the  victim   immediate   and   adequate   notice   of  the   rights   and
remedies provided under this Act, including the services available to them.
SEC.13. Rjgdr5 of Wjdir7]s. -ln addition to their rights under existing laws,
victims of Senior Citizen Abuse shall have the following rights:
a)      To be treated with respect and dignity;
b)      To avail of legal assistance from the public Attorneys office (PAO);
c)      To be entitled to support services from the National commission for senior
Citizens and other concerned agencies and LGUs;
d)      To be entitled to all legal remedies and support as provided underthe Family
Code and other relevant laws; and
e)       To  be  informed  of their rights and  the  services available to them,  including
their right to apply for a protection order.
SEC.14. Barongay Protection Order. -Barangay Protection Orders (BPOs) refer
to the protection order issued by the Punong Barangay ordering the perpetrator to desist
from committing the prohibited acts under Section 4 of this Act. A Punong Barangay who
receives an application for a  BPO shall issue the protection order to the applicant on the
date of filing after ex porfe 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.
Immediately  after  the  issuance  of  an  ex  porfe  BPO,  the  Punong   Barangay  or
Barangay Kagawad shall personally serve a copy of the same on the respondent or direct
any barangay official to effect its personal service. The parties may be accompanied by a
non-lawyer advocate in any proceeding before the Punong  Barangay.
Hearings on applications for a BPO shall have priority over all other proceedings.
BPOs shall be effective for a period of thirty (30) days.


SEC.15. Mandatory Programs and Services fior Victims. -The NCSC and other
relevant  agencies  shall   provide  appropriate  assistance  to  victims,  including,   but  not
limited   to,   temporary   shelters,   counseling,   psycho~social   services   and/or   recovery,
rehabilitation programs and livelihood assistance.
The  NCSC  shall  include  services  addressing  Senior  Citizen  Abuse.  All  suspected
cases  of  Senior  Citizen  Abuse  must  be  reported  in  accordance  with  existing  laws.  The
NCSC, in coordination with the relevant agencies and LGUs, shall maintain a Senior Citizen
Abuse  documentation  and  case  monitoring  system,  and  set  up  a  databank to  keep  an
accurate and  reliable  record  of instances of abuse  and  violence committed  against the
Senior Citizens.
SEC.16. Form«(afion of the Progriom. -Within one (1 ) year from the effectivity
of this Act, the  NCSC and the Department of Justice (DOJ), in coordination with  relevant
stakeholders,  shall  formulate  a  comprehensive  program  for  the  protection  of  Senior
Citizens against Senior Citizen Abuse.
SEC.17. Duties of Other Government Agencies and LGus. -Other govemmeut
agencies and  LGUs shall establish programs such as,  but not limited to,
education  and  information  campaign  and  seminars or symposia  on the  nature,  causes,
incidences and consequences of Senior Citizen Abuse. They shall ensure that all personnel
are aware of the provisions of this Act and the ways to prevent the commission of Senior
Citizen Abuse as provided under the Act.
SEE. 18. Trainings and Capacity-Building for lntervenors. - AIl govemmerlt
agencies  involved  in  responding  to  Senior  Citizen  Abuse  cases  shall   be  required  to
undergo education and training, to be conducted by the NCSC, to acquaint them with the
following:
The nature, extent, causes, and risk factors of Senior Citizen Abuse;
The legal rights and remedies of victims of Senior Citizen Abuse;
Legal   duties   of   barangay   officials,   LGU   personnel,   police   officers,   court
authorities, and other persons offering assistance and protection to victims of
Senior Citizen Abuse;
Available services and facilities for victims of Senior Citizen Abuse; and
Approaches in handling Senior Citizen Abuse cases to minimize injury, protect
the privacy, promote the safety, and ensure the well-being of the victim.
The  Department of Health  (DOH),  in  partnership with  relevant public and  private
institutions,  shall  provide  capacity-building  training  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, specifically
on handling Senior Citizen Abuse.
SEE.  19.  Counsel..ng  and  Rehabilitat..on  of  Offenders-Perpetrators.  - The
DSWD  shall   provide  rehabilitative  counseling  and  treatment  of  perpetrators  towards
learning constructive ways of coping with anger, emotional outbursts, or stress. Psychiatric
treatment or confinement may also  be  recommended  by the  responsible authorities,  if
necessary.


SEC. 20. fundl.ng. -The amount necessary to carry out the provisions of this Act
shall be included in the annual General Appropriations Act (GAA).
SEC. 21. /mpfemenfing Ru(es or)d Regq(atior)s. -Within six (6) months from the
approval of this Act, the NCSC, in coordination with the DOJ, DSWD, DOH, Department of
Interior and  Local  Government  (DILG),  and  the  Philippine  National  Police  (PNP),  and  in
consultation with concerned  stakeholders, shall  promulgate the implementing  rules and
regulations for the effective implementation of this Act.
SEC. 22. SupplctoryAf|pljcafion. -The Revised Penal Code and other applicable
laws shall have suppletory application in the implementation of this Act.
SEC.  23.  Separobl.li.fy  Clause.  -  lf  any  portion  or  provision  of  this  Act  is
subsequently declared  invalid or unconstitutional, other provisions hereof which are not
affected thereby shall remain in full force and effect.
SEC. 24. RapeaJing Cfowse. -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 accordingly.
SEC.  25.   Effecrivl.ty.   -This  Act  shall   take  effect  fifteen   (15)   days  after  its
publication in the Official Gazette or in a newspaper of general circulation.
Approved,