THIRTEENTH CONGRESS OF THE REPUBLIC ) 
OF THE PHILIPPINES 
1 
’&I JUL 14 P 3 : r ~  
First Regular Session 
1 
Introduced by Senator Miriam Defensor Santiago 
EXPLANATORYNOTE 
The Constitution, Article 11, Section 9, provides that: “The State shall promote a just and 
dynamic social order that 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 same article further provides that: “The State values the dignity of every 
human person and guarantees hll respect for human rights.” 
I 
Accordingly, persons confined in institutions providing skilled nursing, intermediate or 
long-term 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. 


THIRTEENTH CONGRESS OF THE REPUBLIC ) 
OF THE PHILIPPINES 
1 
’04 JUL14 P j : l ?  
First Regular Session 
1 
Introduced by Senator Miriam Defensor Santiago 
AN ACT 
DEFINJNG WHO ARE INSTITUTIONALIZED PERSONS 
AND PENALIZING THELR MALTREATMENT 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Conpess assembled: 
SECTION 1. Short Title. 
~ 
This Act may be cited as the “Institutionalized Persons 
Protection Act.” 
SECTION 2. Declaration ofPolicy - 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 ,  Definition of Ternis. - As used in this Act, the terni: 
(A) 
“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 function is to provide skilled nursing, intermediate or long- 
term care, or custodial or residential care. 
“Institutionalized persons” refers to persons kept in an institution as defined in 
this Act who are: 
(i) 
(ii) 
(iii) 
juveniles --- 
(B) 
mentally ill, disabled, or retarded, or chronically ill or handicapped; 
in jail, either by final sentence or under detention; 
(a) held awaiting trial; 


(b) residing in such facility or institution for purposes of receiving care 
or treatment; or 
(c) 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 in 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 not less than six (6) months imprisonment and not more than one (1) year imprisonment. 
This is without prejudice to any administrative case which may be filed against the 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, d e  or regulation contrary to, or inconsistent 
with, the provisions of this Act is hereby repealed, modified, or amended accordingly 
SECTION 9. Eflectzvity Clause. - This Act shall take effect fifteen (15) days after its 
publication in at least two (2) newspapers of general circulation. 
Approved 
FN: SB 300