Republic of the Philippines
HOUSE OF REPRESENTATIVES
‘Quezon City

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL No. 1091

Introduced by Representatives
HORACIO P. SUANSING, JR. and ESTRELLITA B. SUANSING

AN ACT
DEFINING AND PENALIZING THE CRIME OF CRIMINAL NEGLECT OF A
VULNERABLE ELDERLY PERSON OR A PERSON WITH DISABILITY
EXPLANATORY NOTE
Article 2, Section 11, of the 1987 Constitution provides that:

“The State values the dignity of every human person and guarantees full respect,
for human rights.”

In addition, Article 15, Section 4 provides that:

“The family has the duty to care for its elderly members but the State may also
do so through just programs of social security.”

The enactment of Republic Act No. 9994, also known as the Expanded Senior Citizens Act of
2010, and of Republic Act No. 7277, or the Magna Carta for Disabled Persons, demonstrate
the Filipino people’s commitment to the well-being of more vulnerable members of society,
such as senior citizens and persons with disabilities (PWDs).

Moreover, the Revised Penal Code contains provisions that punish various forms of
abandonment or neglect of children and of other persons whose physical, emotional and/or
financial conditions render them dependent on others for care and support.

However, under present law, there remains a lack of protection for elders and PWDs against
physical abandonment by people entrusted with their care, As in the United States where
people tasked as guardians by the elderly and PWDs are subject to civil duties and criminal
penalties upon abandoning the persons placed under their care, our country’s institutions also
ought to protect vulnerable members of our society by establishing penalties for the neglect
of elderly persons and PWDs.

This bill aims to ensure the protection of the elderly and PWDs against neglect by their
supposed caretakers who forsake their responsibilities at the expense of the former's well-
being and, in some cases, their lives. This Congress has the duty to ensure that measures are
in place that will safeguard the dignity, rights, safety and well-being of all members of our
society, especially the most vulnerable.



In view of the foregoing, the passage of this bill is earnestly sought.

HORACI ANSING, JR s LITA B. SUANSING
2™ Distrig/Of Sultan Kudarat I* District of Nueva Eqfja

This bill was originally filed by Senator Miriam Defensor Santiago during the 14 Congress and the 16%
Congress


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL No,_1091

Introduced by Representatives
HORACIO P. SUANSING, JR. and ESTRELLITA B. SUANSING

AN ACT
DEFINING AND PENALIZING THE CRIME OF 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 may be cited 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:

(1) “Abandon” means to desert a vulnerable elderly person or a person with disability
with intent to wholly abandon 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
disability or by another to reside with or regularly visit the vulnerable
elderly person or the person with 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 disability and provide for
such person’s health and personal care;

(d) a person who has been appointed by a private or 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 disability; and

(c) a person who holds a power of attomey or other legal or fiduciary
relationship that requires such person to provide for the health and
personal care of the vulnerable elderly person or the person with 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 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 Disability.
= A person is guilty of criminal neglect of a vulnerable elderly person or a person with
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 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 reasonably should know are necessary
to maintain or preserve the life or health of the vulnerable elderly person or the
person with 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 disability.

SECTION 5. Exceptions. — No provision of this Act shall be deemed to impose criminal
liability upon any person who has made a good faith effort to provide for the health and
personal care of the vulnerable elderly person or the person with disability but through no
fault of his or her own has been unable to provide such care. In addition, no provision of this,
‘Act shall be construed as prohibiting a person from providing treatment by spiritual means
through the prayer alone and care consistent therewith in lieu of medical care and treatment
in accordance with the tenets and practices of any church or religious denomination of which
the vulnerable elderly person or the person with disability is a member.


SECTION 6. Penalty. — Any person found guilty of committing the acts punished in this Act
shall be punished by imprisonment of not less than one (1) year but not exceeding five (5)
years and fine not less than Ten Thousand Pesos (PhP 10,000.00) but not exceeding One
Hundred Thousand Pesos (PhP 100,000.00).

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 disability under any
other provision of law.

SECTION 8. Separability Clause. — If any provision or part hereof 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 a newspaper of general circulation.

Approved,