Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City
|9th CONGRESS
Second Regular Session
HOUSE BILL NO.
Introduced by HONORABLE IvllLAGROS AQUINO-MAGSAYSAY
AN ACT AMENDING REPUBLIC ACT NO.11350, OTHERWISE KNOWN AS THE
"NATIONAL COMMISSION OF SENIOR CITIZENS ACT", PROVIDING FOR ITS
ORGANIZATIONAL STRUCTURE, EFFICIENT TRANSITION AND
OPERATIONALIZATION, AND MAXIMIZING ITS FUNCTIONALITY FOR THE
BENEFIT OF SENIOR CITIZENS
EXPLANATORY NOTE
This bill seeks to amend Republic Act (RA) No.11350, otherwise known as the
"National Commission of Senior Citizens Act",  providing for its efficient transition from
the Department of Social Welfare and Development (DSWD) through a more coherent
organizational     structure,     establishing     clear     mechanisms     for     its     effective
operationalization   and   clarifying   institutional   arrangements   to   ensure   maximum
functionality.
RA 11350 7876 or the National Commission of Senior Citizens Act was passed
as a response to the decades-long clamor from the elderly sector that there finally be
a primary government agency focused on their rights, interests and welfare. While RA
7432  providing for the benefits and  privileges of senior citizens was twice amended,
first  by  RA  9257  and  then  by  the  prevailing  RA  9994,  there  was  a  need  for a  law
establishing organizational structures and institutional arrangements that will support
mechanisms operationalizing elderly programs and services.
Unfortunately,  since the law's passage in 2019,  the transition from the  DSWD
to  the   NCSC   has   not   happened.   Moreover,   even   with   the   appointment  of  the
Commissioners  in  2020,  the  NCSC  has  not displayed  any  capability to assume the
responsibilities and functions of the  NCSC  pertaining to the senior citizens'  sector.  It
is for this  reason that the  law needs to  be amended to  provide  more guidance and
clearer  directions  on  the  law's  original  intention,  thereby  ensuring  that  the  elderly
sector does not suffer the consequences of an inefficient and non-functional body.


ln view of the foregoing, the passage of this bill is earnestly recommended.


Republic of the Philippines
House of Representatives
Quezon City,  Metro Manila
Nineteenth Congress
Second Regular Session
HOUSE BILL No.  9454
Introduced by Honorable Milagros Aquino-Magsaysay
AN ACT AMENDING REPUBLIC ACT NO.11350, OTHERWISE KNOWN AS THE
"NATIONAL COMMISSION OF SENIOR CITIZENS ACT", PROVIDING FOR ITS
ORGANIZATIONAL STRUCTURE, EFFICIENT TRANSITION AND
OPERATIONALIZATION, AND IVIAXIMIZING ITS FUNCTIONALITY FOR THE
BENEFIT OF SENIOR CITIZENS
Be it enacted by the Senate and the House of Representatives of the Philippines in
Congress Assembled
SECTION 1. Section (3) of RA 11350 on the creation of the National Commission
of Senior Citizens (NCSC) is hereby amended to read as follows:
``SEC.  3. Creation  of the  National  Commission  of  Senior  Citizens.- There .is
hereby   created   the   National   Commission   of   Senior   Citizens,   hereinafter
referred  to  as  the  Commission,  and  which  shall  be  under the  Department  of
Social  Welfare  and  Development for appropriate  oversight.  The  Commission
shall establish  its principal office in the National  Capital  Region and  it may set
up field  offices  in  coordination with  appropriate government agencies  like the
DSVVD."
SECTION 2.  Section (4) on the Composition of the  NCSC  is  hereby amended to
read as follows:
"SEC. 4. Composttf.on,-The Commission shall be composed of a Chairperson
and six (6) Commissioners and shall act as a collegial body and shall decide by
consensus  all  substantive  matters  pertaining  to  NCSC  functions,   including
hiring and appointment of staff . The Chairperson shall be the Chief Executive
Officer of the Commission. The six (6) Commissioners shall represent different
geographical  regions  of  the  Philippines,  equally  covering  the  major  Luzon,
Visayas, and Mindanao clusters. Provi.ded, That the full Commission shall meet
at least once every quarter, or as need arises."


SECTION  3.  Section  (6)  on  the  Qualifications  of the  Commissioners  is  hereby
amended to read as follows:
"SEC. 6. Qua/i.#cafi.ons.-The members of the Commission must be citizens
and residents of the Philippines; at least sixty (60) years old at the time of their
appointment;  of  good  moral  character;  bona  fide  members  of  registered  or
accredited  senior citizens associations with  a good track record;  holders of a
college degree,  have relevant experience, extensive knowledge and expertise
with  matters affecting  the affairs of senior citizens;  of good  health  and  sound
mind;  have  not been convicted  by a final judgment of a crime involving  moral
turpitude;   and   recommended   by   at   least   three   (3)   other   senior   citizens
organizations including the one he/she is a member of: Pnovt.ded, That at least
three (3) Commissioners shall be women.
"Relevant  experience,  extensive  knowledge  and  expertise  on  senior citizens
affairs"  as  important  qualification  requirements  refers  to  familiarity  with  laws,
policies and programs affecting senior citizens,  longtime active membership in
a  legitimate senior citizen organization,  previous  leadership position  or official
representation in a board or committee organized by the DSWD, NAPC, or local
government  unit,  and  prior  participation  in  advocacies  for  elderly  rights  and
welfare.''
SECTION 4. Section (7) on the Functions of the NCSC is hereby amended to read
as follows:
SEC. 7. Funcfi.ons.  -The Commission shall:
(a)  Ensure the full  implementation  and  uniform  enforcement of laws,  policies,
and  programs of the government pertaining to senior citizens;  Review and
conduct studies on the same; and formulate, develop, and advocate for new
policies and  responsive  legislation for the  promotion  and  protection  of the
rights and well-being of senior citizens;
(b) Develop  and   establish   an   effective   Monitoring   and   Reporting   System,
including   a   Complaints   Handling   Mechanism,   to   ensure   the   efficient,
consistent and  uniform  implementation  of all  relevant  laws,  programs and
services, especially those under Republic Act No.  9994;
(c)  Coordinate    and    evaluate    the    programs,    projects    and    activities    of
government  agencies  especially those with  responsibilities  under  RA  No.
9994 and its lmplementing Rules and Regulations; Call upon and utilize any
department,   bureau,  office,   agency  or  instrumentality,   public,   private  or
voluntary, for such assistance to ensure proper implementation of all other
senior citizens laws;


(d) Develop  an  integrated  and  comprehensive  long-term  National  Plan  for  the
social   protection  of  senior  citizens  at  all   levels,   including  establishing  and
maintaining a National Database on the Profiling and Referral system of senior
citizens;
(e) Raise a level of public awareness on the rights and welfare of senior citizens
through   the   conduct   of   nationwide,   strategic   information,   education,   and
communication (lEC) programs or campaigns;
(fy   Initiate and conduct regular orientations, trainings, and other capability-building
programs and activities on  RA 9994  implementation  and other senior citizens
laws and programs like the Centenarian Act and the Senior Citizens Center Act;
(g) Coordinate  the  conduct  and  evaluation  of  the  Philippine  Plan  of Action  for
Senior  Citizens  (PPASC),   related  researches  and  documentation  of  Good
Practices,  gaps and disparities for policy and  program  development;  Develop
and  institute effective and  innovative  approaches  and  methods with  which  to
address emerging concerns of the senior citizens;
(h) Establish  and  maintain  cooperation  and  consultations  with  local  government
units and national government agencies on all matters pertaining to the general
welfare of senior citizens;
(i)   Establish, maintain and expand partnerships, linkages and other networks with
national,  regional  and  international  organizations working  with  senior citizens
to optimize  resource generation,  technical cooperation and exchange;  Initiate
consultative dialogues, special meetings, relevant fora and symposia to support
elderly advocacies and programs;
ti)   Represent  the  Philippines  in  international  functions,  fora,  or conferences  on
senior citizens and keep abreast with  international standards Qf human rights,
latest developments in social protection, and other emerging trends and issues
affecting senior citizens;
(k)  Prepare  yearly  accomplishment  report  for  the  Office  of  the  President  and
Congress, and any other concerned national government and local government
units;
(I)   Constitute  and  convene  when   necessary,   a  special   advisory   body  to   be
composed   of  such   representatives  from   the  government,   nongovernment
organizations,  civil  society,  and  the  private  sector,  as  the  Commission  may
deem  appropriate,  to  assist  in  the  performance  of  its  functions;  Act  as  a
consultative  forum   and  coordinating   body  to  rationalize  the  functions  and
activities  of government  agencies  involved  in  the  social  protection  of senior
citizens;
(in)Develop   appropriate   mechanisms   and   procedures   for   the   selection   and
nomination   of  the   members   of  the   Commission   for   appointment   by   the
President; and


(n) Perform  such  other actions and  functions for the  promotion  of the welfare  of
senior citizens, as may be directed by the President.
SECTION  5.  Section (8) on the Organizational Structure of the  NCSC  is  hereby
amended to read as follows:
SEC. 8. Organ/`zaf7.ona/ Structure. -Subject to the approval of the Department
of Budget and Management (DBM), the Commission,  in addition to the careful
consideration of the above-mentioned functions and responsibilities, shall have
an organizational structure, staffing pattern, offices, divisions, or units based on
the  responsibilities  and  functions  it  shall  also  absorb  and  take  over from  the
DSWD and such other elderly-related concerns and emerging trends; However,
it may create other offices] divisions or units  as it may deem necessary to fully
operationalize and  maintain  its functionality;  The NCSC shall  recruit,  hire,  and
appoint its officers and employees in  accordance with civil service laws,  rules
and  regulations.  Prov7.ded,  the  remuneration  structure for the  positions  in  the
staffing pattern shall strictly conform to Republic Act No. 6758, otherwise known
as the "Compensation and Position classification Act of 1989".
The NCSC shall have the following organizational structure to absorb all related
functions  from  DSWD  mentioned  in  Section  10  (Abolition  of the  NCMB)  and
Section  11   (Transfer  of  Functions  from  DSWD)  and  respond  to  its  staffing
requirements:
To ensure the  re-activation  of all functions and  responsibilities being  handled
by  the  former  National  Coordinating  and  Monitoring  Board  (NCMB)  and  its
Technical Secretariat,  especially those pertaining to RA 9994 implementation,
monitoring and reporting
To  ensure  continued  operations  of  various  sectoral  programs  and  services
especially the Social Pension Program and financial assistance/AICS under the
DSWD  Programs  Management  Bureau  (PMB),  there  shall  be  a  counterpart
office for elderly programs and operations
For  Elderly  Group  Homes,  Residential  Care  Facilities  and  other  centers  for
senior citizens operated and monitored by the DSWD Programs Management
Bureau, there shall also be a counterpart division or unit for elderly centers and
facilities
For the regulation,  licensing and accreditation requirements being enforced by
the DSWD Standards Bureau for Non-Government Organizations (NGOs) and
local  government units  (LGUs) operating and  maintaining elderly centers and
facilities,  including the mandated Senior Citizens Center under RA 7876, there
shall be a counterpart division for regulation and licensing
For   elderly   sector   policy   questions,    emerging   trends,    compliance   with
international  commitments,  and  priority  legislative  measures,  as  well  as  the
crafting of the successive 5-year sectoral agenda, the Philippine Plan of Action
for Senior Citizens  (PPASC),  all  currently  under the  Policy  Development and


planning  Bureau  (PDPB)  and  Department  Legislative  Liaison  Office  (DLLO),
there  shall  be  a  counterpart  office  that  will  perform  tasks  related  to  policy
advocacy, policy formulation or development, legal review and reform, including
research on matters affecting the senior citizens sector;
For   the   development   of   social   welfare    programs   and    other   relevant
interventions  that  will  address  elderly  concerns,   including  the  piloting   and
marketing of new technologies currently being performed by the DSWD Social
Technology Bureau, a counterpart division shall be established to work closely
with the office or unit in-charge of programs and operations;
For administrative  and  finance  matters,  as  well  human  resources/personnel
and  procurement concerns,  the  necessary  administrative  support office  shall
be established; while a division for information technology and communications
systems may be included in this office for technical support;
The  transition  may  likewise  duly  consider  the  implications  of the  Mandanas  ruling
further devolving specific social services and programs to the local government units,
and how counterparts and stafflng requirements at the local level may be affected to
ensure institutional arrangements and mechanisms are in place.
SECTION 6. Section (9) on the appointment of the Executive Director is hereby
amended to read as follows:
SEC.   9. Execuff.ve   Dj.rector. -The   Commission   shall   appoint   an   Executive
Director employees in accordance with civil service laws,  rules and regulations
and  Career  Executive  Service  Board  (CESB)  requirements  and  procedures.
shall   be   responsible  for  implementing   the   policies,   rules,   regulations   and
directives  of  the  Commission;  the  management  of  the  Commission's  daily
operations;  and for coordinating  and  supervising the activities of the different
offices,  divisions,  and units of the Commission.
The  Executive  Director shall  be  a  Career  Executive  Service  Officer or  CES
eligible, and shall have an educational background in any of the following fields:
law;  economics;  commerce;   management;   social  services;   or  finance.   The
Executive  Director should  have at least five (5) years of relevant experience,
knowledge and expertise in senior citizens' policies,  programs and services,
SECTION  7.  Section  (10)  on  the  abolition  of  the  National  Coordinating  and
Monitoring Board (NCMB) is hereby amended to read as follows:
Sic.10-A. Abolition of the National Coordinating and  Monitoring  Board. -The
National  Coordinating  and  Monitoring  Board  created  by virtue of Republic Act
No.  9994,  otherwise known as the "Expanded Senior Citizens Act of 2010",  is
hereby   abolished.   Provided,   that   all   the   previous   functions,   duties   and
responsibilities of the NCMB are fully absorbed and taken over by the NCSC to
prevent a gap or vacuum in the implementation and monitoring of Republic Act
No.   9994,  the  primary  senior  citizens  law  granting  benefits  and  privileges.
These shall include the following:


a)   Regularly  review  the  status  of  implementation  of  RA  9994  benefits  and
privileges of senior citizens under the different categories of businesses or
industries,  taking  note of any emerging  problems or confusing  gray areas
that need clarification;
b)   Coordinate  with  other  relevant  government  agencies  to  resolve  specific
policy   questions   and   for   the   issuance   and    updating   of   necessary
supplemental  guidelines,  rules  or  regulations to  help  implement  RA  9994
provisions;
c)   Discuss   and   cooperate   with   private   sector   representatives,   including
different  businesses  and  industry  associations,  to  clarify  implementation
issues and ensure uniform application of RA 9994 privileges;
d)   Provide regular capability-building and training for Officer of Senior Citizens
Affairs  (OSCA)  Heads who are tasked to receive complaints for violations
of  RA  9994  especially  non-availment  of  discount  privileges,   as  well  as
officers of the Federation of Senior Citizens Associations of the Philippines
(FSCAP)  and  other  senior  citizens  organizations  who  are  entitled  to  be
updated on developments;
e)   Maintain  and  update the  NCMB  webpage  and  online  resources  page,  as
well as the official  NCMB email and query hotline;
D    Compile  and  consolidate  relevant  materials  and  documentations  on  RA
9994, the Social Pension Program, the Centenarians Act, and other elderly
laws and programs
g)   Discuss and  resolve  issues and concerns  pertaining to  RA 9994  benefits
availment,  complaints  and  violations,  and  issue  clarificatory  NCSC  inter-
agency Resolutions for guidance;
There  shall   be  established   NCSC   Regional   Offices  where  the  respective
Commissioners  shall  hold  office.  To  help  operationalize  these  offices,  the
Institutional Arrangements at the Regional Level shall be maintained as follows
under Section 10-8 to read as follows..
SEC.10-a -The former Regional  Inter-Agency Committee for Senior Citizens
(RIASC) and  Regional Coordinating and  Monitoring  Body (RCMBs) organized
by   the    DS\/VD    Field    Offices    shall    be    reactivated    and    maintained    as
implementing and monitoring arms at the regional level for the NCSC, and shall
regularly coordinate with the designated Commissioner with oversight over said
area.  The  previous  Terms  of  Reference  (TOR)  governing  the  RIASCs  and
RCMBs  may  be  amended  and  updated  to  address  any  changes  as  may  be
called for.
SEC.  10-C.  -An  Inter-Agency Advisory  Committee  composed  of relevant
national  line  agencies formerly  tasked  with  implementing  and  monitoring  RA
9994  shall   be  created  to  assist  the   NCSC   in   its  functions.   The   National
Commission  for Senior Citizens  (NCSC),  shall  coordinate with  other relevant
government agencies like the Department of Social Welfare and Development
(DSWD),   the   Department   of   Interior   and   Local   Government   (DILG),   the
Department  of  Health   (DOH),   the  Philippine  Health   Insurance  Corporation
(PhilHealth),   the   Department   of  Trade   and   Industry   (DTl),   the   Technical
Education and Skills Development Authority (TESDA), the Department of Labor


and Employment (DOLE), the Department of Agriculture (DA), the Department
of Transportation (DOTr), the Department of Justice (DOJ), the Commission on
Human Rights (CHRP), the National Economic Development Authority (NEDA),
the  Department of Education  (DepEd),  the  Commission  on  Higher Education
(CHED),   the   Department   of   Foreign   Affairs   (DFA)   or   other   government
agencies and local government units, which shall be tasked to facilitate related
programs  and  services  to  the  senior  citizens  shall  assist  in  the  effective
implementation of this Act and provide the necessary support services."
SECTION 8. Section (11) on the Transfer of Functions from the DSWD is hereby
amended to read as follows:
SEC.11. Transfer of Functions from the Department of Social Welfare and
Development  (DSWD)  to  the  National  Commission  of  Senior  Citizens
/rvcsc/. -All   functions,   programs,   projects  and   activities  which   are   being
undertaken by the Department of Social Welfare and Development (DSWD) for
the   formulation,   implementation,   and   coordination   of   social   welfare   and
development   (SWD)   policies   and   programs  for  the   poor,   vulnerable  and
disadvantaged senior citizens shall be transferred to the National Commission
of Senior Citizens (NCSC).  Provided, the NCSC is 100°/a organizationally-ready
and institutionally-prepared with proper offices, divisions and units, completely
staffed  with  qualified  and  experienced  personnel  familiar  with  the  existing
elderly  programs and  services,  including  bonded  public servants to  serve  as
special disbursement officers (SDOs) for Social  Pension  pay-outs.  Until then,
DSWD  shall  continue  and  maintain  its  leadership  and  implementation  over
senior citizens welfare programs and services.
SECTION 9. Section (12) On Appropriations of RA 11350 shall be amended to read
as follows:
"SEC.    12-A.    Appropriations.    -   The   amount    necessary   to   fund    the
implementation    of   this   Act    shall    be    included    in    the    annual    General
Appropriations Act.
SEC.   12-8  Donations.  -  The  Commission  shall  be  authorized  to  receive
grants, donations, contributions or gifts which will be administered or disbursed
for the purpose of which they were given, such as for DSVVD-run senior citizens
centers  and  residential  group  homes,   or  in  the  absence  of  such,   as  the
Commission  may determine.  Such  donation shall  be exempt from donor's tax
in  accordance  with  the  provisions  of  the  National   Internal   Revenue  Code
(NIRC) of 1997.  In all cases, government rules and regulations shall apply.
SECTION  10.  Oversight -The NCSC, while retaining its operational independence,
shall  be under the Oversight of the  DSWD,  and shall  regularly report to the Office of
the President (OP) and the respective Senate and House Committees tackling senior
citizens concerns.


SECTION 11. Section (13) on the lmplementing Rules and Regulations of this Act
is hereby amended to read as follows:
"See.  13.  Implementing  Rules  and  Regulations.  -Within    one  hundred
eighty  (180)  days  from  the  approval  of  this  Act,  the  Department  of  Social
Welfare    and    Development    (DSWD)    in    coordination    with    the    National
Commission  for  Senior  Citizens  (NCSC),  and  proper  consultation  with  the
Department of Budget and Management (DBM), the Civil Service Commission
(CSC),  the  Department of Interior and  Local  Government (DILG),  the  League
of  City  Mayors  of the  Philippines  (LCP),  League  of  Municipal  Mayors  of the
Philippines  (LMP)  and  Union  of  Local  Authorities  of the  Philippines  (ULAP),
shall  issue the rules and regulations to effectively implement the provisions of
this Act. Any violation of this section shall render the concerned official(s) liable
under Republic Act No.  6713,  otherwise known as the "Code of Conduct and
Ethical   Standards  for  Public  Officials   and   Employees"   and   other  existing
administrative and/or criminal laws."
SECTION 11. Separability Clause -If any portion or provision of this Act is declared
invalid or unconstitutional, other provisions not affected thereby shall continue to be in
full force and effect.
SECTION  12,  Repealing  Clause  -All  laws,  decrees,  executive  orders,   rules  or
regulations  contrary  to  or  inconsistent  with  the  provisions  of  this  Act  are  hereby
repealed or modified accordingly.
SECTION 13. Effectivify -This Act shall take effect fifteen (15) days after publication
in the Official Gazette or in newspaper of general circulation.
Approved