Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City
|9th CONGRESS
First Regular Session
HouSEBILLNo.   8167
Introduced by REP MILAGROS AQUINO-lvIAGSAYSAY
AN ACT PROVIDING FOR THE REGULATION AND ACCREDITATION
OF PRIVATE, FOR-PROFIT RESIDENTIAL CARE FACILITIES
OR GROUP HOMES FOR THE ELDERLY
EXPLANATORY NOTE
This bill seeks to address a seeming gap in the governmental regulation, accreditation
and monitoring of some establishments catering to elderly or senior citizen clients. Presently,
the authority of the Department of Social Welfare and Development (DSWD) to regulate and
accredit only extends to social welfare agencies (SWAs) and/or auxiliary social welfare and
development agencies (SWDAs) which are either public or government-run facilities, or Non-
Stock,   Non-Profit  institutions  operated  by  religious  denominations  or  Non-Governmental
Organizations (NGOs).  Privately-run, for-profit residential care and group homes catering to
the elderly are not specifically included. Meanwhile, the Department of Health (DOH) licensing
and  accreditation  authority  only  covers those facilities which  have  permanent and  regular
medical or health services.  Hence, most private, for-profit residential care and group homes
for senior citizens are not being regulated by either DSWD or DOH, except for the mandatory
business permits from the local government units.
It must be emphasized that the clientele these facilities and group homes are catering
to are considered a vulnerable sector in need of special care and protection. The Philippine
Constitution and other relevant senior citizens laws recognize their specific need for proper
healthcare  and  an  adequate  standard  of living,  if  not,  a  dignified  quality  of life.  It  must be
ensured that they are not subject to neglect or abuse inside these facilities,  and that these
establishments comply with  the Accessibility  Law  requirements for seniors with  disabilities,
especially since they are paying clientele. Thus, there is a need to put these institutions under
the regulatory powers of a proper government agency tasked with looking after the welfare of
this sector, our senior citizens or elderly.


This bill seeks to include privately-run for-profit residential care facilities and/or group
homes  for  the   elderly   or   senior   citizens   under  the   DSWD's   regulatory   powers,   and
institutionalize its regulatory, accreditation, and licensing powers over all institutions catering
to senior citizens and PVVDs.
In 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
Regular Session
HousE BILL No. 818 7
Introduced by Representative Milagros Aquino-Magsaysay
AN ACT PROVIDING FOR THE REGULATION AND ACCREDITATION
OF PRIVATE, FOR-PROFIT RESIDENTIAL CARE FACILITIES
OR GROUP HOMES FOR THE ELDERLY
Be it enacted by the Senate and the House of Representatives of the Philippines in
Congress Assembled
SECTION 1. This Act shall be known as the "Regulation of Private, For-Profit Residential
Care Facilities and Group Homes for the Elderly and Senior Citizens Act".
SECTION 2. Declaration of Policy -The 1987 Constitution, Article 11, Section lx, mandates:
"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."  ln  arddirdon.  A\Tticle  11,  Section X declares.. "The  State  shall
promote social justice in all phases of national development." Moreover, Ahi\cle Xlll, Secti\on
X:}  comm.Tis.. ``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  cost.  There  shall  be  priority for the  needs  of the
underprivileged sick, elderly, disabled, women and children. More .impor\arrty , A\ndcle Secriion
IV prcN.ides.. "The family has the duty to care for its elderiy members, but the State may also
do so through just programs Of social security."
SECTION 3. Scope and Coverage -For purposes of this Act, those establishments sought
to be covered are "privately-run, for-profit" residential care facilities and group homes catering
to elderiy or senior citizen clientele are those "operating as a business" under proper LGU-
issued  licenses  and  permits,   but  without  prior  DSWD-accreditation  nor  DOH-regulation.
These include establishments accepting senior citizens as clients/patients needing  housing


and specialized care for a certain billable fee, and said collections are not only for actual cost
of operations and maintenance, but also for profit.
SECTION  4.  DSWD  Regulation - Private,  for-profit residential  care  facilities  catering  to
senior citizens shall  be subject to the same regulatory functions of the  DSWD over the
public   and    private   agencies   and    organizations   engaged    in   social   welfare   and
development activities to ensure the provision of the highest quality of service possible to
the  target  clientele.  In  the  same  manner,  private,  for-profit  establishments  catering  to
seniors  shall  comply  with  the  comprehensive  system   of  registration,   licensing,   and
accreditation  of social  welfare  and  development  programs  and  services  for vulnerable
sectors like the elderly. Thus, these facilities shall likewise be liable under the mechanism
for sanctions in case of non-compliance with standards and procedures set by the DSWD.
Nonetheless,  they shall also be entitled to the same grant of benefits and  incentives to
registered,   licensed   and   accredited   SWDAs   in   recognition   of  their  importance  and
invaluable contribution in social welfare and development.
SECTION  5.  Compliance  and  Monitoring  -  The  DSWD,  in  coordination  with  all  LGUs
through  the  Department  of  Interior  and  Local  Government  (DILG),  the  Bureau  of  Internal
Revenue (BIR) under the Department of Finance (DOF), and where applicable, with the DOH
and Department of Trade and Industry (DTl), shall ensure that these residential care facilities
and   establishments   obtain   the   required   licenses   and   permits   under   their   respective
government mandates.
SECTION  6.  Implementing  Rules  and  Regulations  -  Within  ninety  (90)  days  from  the
effectivity Of the Act, the respective Secretaries and  Chairpersons of the DSWD, the DILG,
the DOH, the DOF thru the representation of the BIR, and the National Commission for Senior
Citizens,  shall jointly  craft and  issue  the  rules  and  regulations  necessary  for the  effective
implementation of this Act.
SECTION 7. Separability Clause -lf 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 8.  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 9. Effectivity -This Act shall take effect fifteen (15) days after publication in the
Official Gazette or in newspaper of general circulation.
Approved