{ 15 FEB 2016%
REPUBLIC OF THE PHILIPPINES \ 1305 Th
House of Representatives \s Sar

Quezon City \<. ee

SIXTEENTH CONGRESS : E
Third Regular Session

6460

HOUSE BILL NO. __

Introduced by Congressman Alfredo D. Vargas III

EXPLANATORY NOTE

The protection and promotion of the rights and welfare of senior citizens and
persons with disability (PWDs) and the Government's duty to care for them are
enshrined in the Philippine Constitution. It reads:

“The State shall adopt an integrated and comprehensive approach
to health development which shall endeavor to make essential goods, health
and other social services available to all the people at affordable costs. There
shall be priority for the needs of the underprivileged, sick, elderly, disabled,
women and children.” (Article XIII, Section 11)

“The family has the duty to care for its elderly members but the State
may also do so through just programs of social security.” (Article XV, Section
4)

Upon this Representation’s consultation with the senior citizen and PWD sectors,
the issues of rising incidents of elderly and PWD abandonment in the country were
markedly raised. The problem is often attributed to the migration of young family
workers, as well as the costs for elderly or disability care being unaffordable to low
income households.

Recognizing that the elderly and the PWDs are major contributors to the growth
of our nation, this bill seeks to penalize the crime of criminal neglect of a vulnerable
elderly person or a PWD.

To ensure that the rights of the elderly and the PWDs are upheld, the passage of
this measure is earnestly urged.

‘ALFREDO D. VARGAS III


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
Third Regular Session

House BiLLNo.__ 6460

Introduced by Congressman Alfredo D. Vargas III

AN ACT
DEFINING AND PENALIZING CRIMINAL NEGLECT OF A VULNERABLE ELDERLY
PERSON OR A PERSON WITH DISABILITY

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 “Care for the Elderly and
the Disabled Act”.

Section 2. Declaration of Policy. ~ The State values the dignity of every person
and guarantees full respect for human rights. To this end, the State will penalize the
neglect of a vulnerable elderly person or a person with disability.

Section 3. Definition of Terms. - For the purposes of this Act, the following
terms shall mean:

(4) “Abandon” means to desert a vulnerable elderly person or a person with
disability with intent to wholly neglect him or her.

(2) “Caregiver” means a person who provides for the health, welfare, and
personal care of a vulnerable elderly person or a person with disability, at
such person's place of residence, including but not limited to, food and
nutrition, shelter, hygiene, prescribed medication and medical care or
treatment. The term caregiver shall include:

a. A parent, spouse, adult, child or other relative by blood or
marriage who resides with or resides in the same building with
and who regularly visits the vulnerable elderly person or the
person with disability, and who knows or reasonably should know
that such person is unable to adequately provide for his or her own
health and personal care;


b. A person employed by the vulnerable elderly person or a person
with a disability or by another to reside with or regularly visit the
vulnerable elderly person or the person with a disability and
provide for such person's health and personal care;

c. A person who has agreed for consideration to reside with or
regularly visit the vulnerable elderly person or the person with a
disability and provide for such person's health and personal care;

d. A person who has been appointed by a private or a public agency
or by a court of competent jurisdiction to provide for the health
and personal care of the vulnerable elderly person or the person
with a disability,

The term caregiver shall not include a long-term health care facility
licensed or certified under the provisions of public health laws or any
administrative, medical or other personnel of such a facility, or a
health care provider who is licensed under the law and renders care in
the ordinary course of his or her profession.

(3) “Person with a disability” refers to any person who is suffering from restriction
of different abilities, as a result of a mental, physical or sensory impairment, to
perform an activity in the manner or within the range considered normal for a
human being.

(4) “Vulnerable elderly person” refers to any resident of the Philippines at least
sixty (60) years old who is suffering from a disease or infirmity associated with
advanced age.

Section 4. Criminal Neglect of a Vulnerable Elderly Person or a Person with a
Disability. - A person is guilty of criminal neglect of a vulnerable elderly person or a person
with a disability when he or she is a caregiver and:

(1) Knowingly acts in a manner likely to cause the vulnerable elderly person or the
person with a disability’s life to be endangered , health to be injured, or pre-
existing physical or mental condition to deteriorate; or

(2) Fails to perform acts which he or she knows or reasonably should know are
necessary to maintain or preserve the life or health of the vulnerable elderly
person or the person with a disability and such failure causes said person's life
to be endangered, health to be injured or pre-existing physical or mental
condition to deteriorate; or

(3) Abandons the vulnerable elderly person or the person with a disability.

Section 5. Exceptions. - No provision of this Act shall be deemed to impose criminal
liability upon any person who has made in good faith effort to provide for the health and
personal care of the vulnerable elderly person or the person with a disability but through no
fault of his or her own has been unable to provide such care. In addition, no provision of this Act


Section 7. Other Remedies. - No provision of this Act shall be construed to limit the
remedies available to the vulnerable elderly person or the person with a disability under any
other provision of law.

Section 8. Separability Clause. - If any provision or part thereof is held invalid or
unconstitutional, the same shall not affect the validity and effectivity of the other provisions
hereof.

Section 9. Repealing Clause. - All laws, decrees, orders, and issuances, or portions
thereof, which are 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 after its publication
in the Official Gazette or in two (2) newspapers of general circulation.

Approved,