SIXTEENTH CONGRESS
OF THE REPUBLIC OF THE PHILIPPINES
First Regular Session

HOUSE OF REPRESENTATIVES

House BillNo. 408

Introduced by Representative Susan A. Yap

EXPLANATORY NOTE
The Constitution, Article 11, Section 5, provides:

The maintenance of peace and order, the protection of life liberty and property, and the
promotion of the general welfare are essential for the enjoyment by all the people of the
blessings of democracy.

This bill seeks to develop strategies for preventing and punishing crimes that
target or otherwise disproportionately affect seniors, by collecting appropriate data to
measure the extent of crimes committed against seniors and determine the extent of
domestic and elder abuse. It likewise aims to strengthen existing services being accorded
to senior citizens by the government.

The bill tasks the Department of Justice (DOJ) through the National Bureau of
Investigation (NBI), as well as the Department of Interior and Local Government
(DILG) through the Philippine National Police (PNP), to conduct a study relating to
crimes against seniors in order to assist in developing new strategies to prevent or reduce
the incidence of these crimes.

, the bill provides for strengthening of government service and support
me for seniors through agencies of the government including local government
iifis (LGUs) and government-owned and controlled corporations (GOCCs).

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

SUSAN

Representative, 2" D: f Tarlac


SIXTEENTH CONGRESS )
OF THE REPUBLIC OF THE PHILIPPINES )
First Regular Session )

HOUSE OF REPRESENTATIVES

House Bill No__408

Introduced by Representative Susan A. Yap

AN ACT
TO COMBAT ABUSE AND ENHANCE PENALTIES FOR CRIMES AGAINST
AND TO STRENGTHEN GOVERNMENT SERVICE AND SUPPORT
MECHANISMS FOR SENIORS

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

SECTION 1. Short Title. This Act shall be known as the "Seniors Safety
and Service Act of 2013".

SECTION 2. Purpose. The purpose of this Act is to develop strategies for
preventing and punishing crimes that target or otherwise dispropostionately affect
seniors by collecting appropriate data to measure the extent of crimes committed against
seniors and determine the extent of domestic and elder abuse. It likewise seeks to
strengthen existing services being accorded to senior citizens by the government.

SECTION 3. Definition. As used in this Act. -

(1) "Crime" means any criminal offense under the Revised Penal Code and special
laws: and
(2) "Senior" means an individual who is at least 60 years of age.

SECTION 4. Study of Crimes Against Seniors.

(a) In General - The Department of Justice (DO]), through the National Bureau of
Investigation (NBI) and the Department of Interior and Local Government
(DILG), through the Philippine National Police (PNP), shall conduct a study
relating to crimes against seniors in order to assist in developing new
strategies to prevent and otherwise reduce the incidence of these crimes.

(b) Isswes addressed - The study conducted under this section shall include an
analysis of —

(1) the nature and type of crimes perpetrated against seniors with special
focus on:
(A) the most common type of crimes that affect seniors;
(B) the nature and extent of elder abuse inflicted upon senioi
(C) the nature and extent of health care fraud and abuse targeting seniors.

and

(2) the risk factors associated with seniors who have been victimized;

(3) the manner in which the criminal justice systems respond to crimes against
seniors;

(4) the feasibility of establishing and maintaining a centralized computer


database on the incidence of crimes against seniors that will promote the
uniform identification and reporting of such crimes;
(5) crimes targeting or disproportionately affecting seniors;
(©) crime risk factors for seniors, including the times and locations at
which crimes victimizing seniors are most likely to occur;
(7) specific characteristics of the victims of crimes who are seniors including
age, gender, race or ethnicity and socio-economic status;
(8) the nature and extent of crimes targeting seniors such as health care fraud;
and
(9) other effective way:
against seniors.

to prevent or reduce the occurrence of crimes

(©) Report. - Not later than one (1) year after the effectivity of this Act, the
DOJ and the DILG shall submit to the House of Representatives and
the Senate a report describing the results of the study under this
section. Thereafter, the study and report shall be had on an annual basis.

SECTION 5. Enhanced Sentencing Penalties Based on Age of Victim. The
DO}, in coordination with agencies of government concerned, shall:

(1) review existing sentencing guidelines and recommend the possibility of
increased penalties for persons convicted of offenses in which the victim was
a senior in appropriate circumstances, given the serious economic and
physical harms associated with criminal activities targeted at seniors due to
their particular vulnerability;

(2) consult with individuals or groups representing seniors, law enforcement
agencies, victims organizations and the judiciary as part of the review
described in this section;

(3) account for any aggravating or mitigating circumstances that may justify
exceptions in order to provide sentencing enhancements;

Not later than one (1) year after the effectivity of this Act, the DOJ shall submit
to Congress a report on issues relating to the age of crime victims, which shall
include any recommendations of the DOJ relating to any revision or modification of
penalty levels, including statutory penalty, for offenses involving seniors.

SECTION 6. Strengthening Government Service and Support Mechanisms.
All agencies of government, including local government units (LGUs) and government-
owned and controlled corporations (GOCCs) shall endeavor to strengthen all present and
existing service and support mechanisms to seniors. As such, the establishment and
enhancement of senior's desk in all government offices shall be mandatory by utilizing
similar facilities or resources devoted by such offices for the same purpose.

SECTION 7. Appropriations. The amount necessary for the _ initial
implementation of this Act shall be charged against the current year's appropriations of
the DOJ. Thereafter, such sums as may be necessary for the continued implementation of
this Act shall be included in the General Appropriations Act.

SECTION 8. Separability Clause. If any provision of this Act is declared
invalid, the remainder of this Act or any provision not affected thereby shall remain in
force and effect.

SECTION 9. Repealing Clause. All laws, orders, decrees, rules and regulations,
and other parts thereof inconsistent with the provisions of this Act are hereby repealed,
amended or modified accordingly.


SECTION 10. Effectivity. This Act shall take effect fifteen (15) days following

its publication in the Official Gazette or at least (2) newspapers of general circulation.

Approved,