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THIRTEENTH CONGRESS OF THE REPUBLIC 
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1 
First Regular Session 
1 
a
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OF THE PHILIPPINES 
Introduced by Senator LUISA “LOI” P, EJERCITO ESTRADA 
EXPLANATORY NOTE 
The Constitution, Article 2, Section 9 provides that: 
“The State shall promote a just and dynamic 
social order th 
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 s h e  article further provides that: 
“The State values the dignity of every human 
person and guarantees full respect of human rights”. 
Accordingly, persons confined in institutions providing skilled 
nursing, intermediate or longterm care, or custodial or residential care, 
must be accorded adequate social services and respect for their dignity. 
This Act will ensure that institutionalized persons will not be 
subjected to shabby and abusive treatment from the people charged with 
their care and custody. 
The immediate passage of this bill is fervently sought. 
LUISA wxn P~EJERCITO ESTRADA 
Senator 
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”0/1 JLVf 38 P ;. :2n 
THIRTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
1 
First Regular Session 
1 
S E N A.T E 
S.B. No. 
Introduced by Senator LUISA “LOI” P. EJERCITO ESTRADA 
AN ACT 
DEFINING 
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”. 
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 properly. 
Section 3. 
(I) 
Definition of Terms. - As used in this Act: 
The term “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 functions is to provide skilled nursing, intermediate or 
longterm care, or custodial or residential care. 


(2) 
The term “institutionalized persons” refers to persons kept in 
an institution as defined in this Act who are: 
(i) 
mentally ill, disabled, or retarded, or chronically ill or 
handicapped; 
in jail, either by final sentence or under detention; 
(ii) 
(iii) juveniles ---- 
held awaiting trial; 
residing in such facility or institution for 
purposes of receiving care or 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 
government custody, mentally ill 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 
C) 
Inflict, intentionally or through negligence, upon said 
persons psychological or physical harm. 
Section 5. Penal 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 to any 
administrative case which mily 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 regulation contrary to, or inconsistent with, the provisions of this Act 
is hereby repealed, modified or amended accordingly, 


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Section 9. Effectivity Clause. 
- 
This Act shall take effect 
fifteen (15) days after its publication in at least two (2) newspapers of 
general circulation. 
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Approved,