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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
Second Regular Session

House Bill No. 5732 _

Introduced by Honorable Sherwin T. Gatchalian

h year, more and more senior citizens are abused, exploited and
neglected. The usual victims are seniors who are older, frail, vulnerable and
unable to help themselves and depend on others to meet their most basic
needs. Abusers of senior citizens may be men and women, family members,
friends or caregivers. In general, elder abuse is a term referring, to any knowing,
intentional, or negligent act by a caregiver or any other person that causes
harm or a serious risk of harm to a vulnerable adult.

From a young age, our culture has taught us to honor and respect our
elders. Filipino values dictate that we have a moral duty to maintain and
for our elders. Although generally speaking, Filipino society cherishes respects
and cares for our elders more compared to western societies, we cannot deny
the fact that a number of our senior citizens have become victims of physical,
emotional, and economic abuse at the hands of people who are entrusted with
their care. Their advanced age and fragile condition are taken advantage of by
persons in charge of them and even by members of their immediate family.

Studies have shown that elderly people who suffer abuse choose to keep
it to themselves and prefer to suffer in silence. ‘The occurrence of elderly abuse
often goes unpubli -ty, especially when the perpetrators belong,
to their own famil » study presented by the University of the
Philippines-National College of Public Administration and Governance, it was
noted that children of the elders rank highest in number in terms of
perpetrating the abuse, followed by spouses and then grandchildren.

Section 11, Article II of the 1987 Constitution provides that; “The State
values the dignity of every human person and guarantees full respect for
human rights.” Section 4, Article XV also 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.” To this end, the State engages to protect our



senior citizens who are more prone to abuse and because of their weaker state,
have less physical and mental agility to defend and provide for themselves. As
the number of older Filipinos grows proportionally in this country, this bill
seeks to provide special protection for senior citizens through the prevention
and deterrence of acts inimical to the security and safety of our senior citiz
This Act will likewise provide them with legal remedies for immediate protection
such as protection orders that victims may avail of. The State must help our
senior citizens claim their rights so they can lead dignified and secure lives.

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

Representative) 1* District, Valenzuela City


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
Second Regular Session

5732

House Bill No.

Introduced by Honorable Sherwin T. Gatchalian

AN ACT
PROVIDING PROTECTION TO THE ELDERLY AGAINST ABUSE, NEGLECT
AND EXPLOITATION, AND PRESCRIBING PENALTIES FOR VIOLATION
THEREOF

Re it enacted by the Senate and House of Representatives of the Philippines in Congress
assembled:

SECTION 1. Short Title. - This Act shall be known as the “Protection for
the Elderly Act.”

SEC. 2. Declaration of Policy. - ‘The State values the dignity of the
jerly and guarantees to defend the right of the family to care for its elderly
members. Towards this end, the State shall exert efforts to address viol
abuse and exploitation of all forms committed against our elderly in keeping
with the fundamental freedoms guaranteed under the Constitution and the
provisions of the Universal Declaration of Human Rights and other
international human rights instruments of which the Philippines is a party.

SEC. 3. Definition of Terms. ~ As used in this Act, the ter

ni

(a) Blderly rete
(60) years of age or olde:

(b) Neglect refers to the failure to provide the care, service, or support
for the welfare of an elderly;

(cl) Abuse refers to the willfull and unjustified acts of a person towards
an elderly;

(d) | Exploitation refers to any act by a person to take advantage of the
diminished capacity of an elderly to protect himself and his financial resources;

(ec) Healthcare provider shall refer to an attending physician, nurse,
barangay health worker, therapist, counselor or any other person who
examines, attends to or treat an elderly;

zen of the Philippines at least sixty



SEC. 4. Abuse, Neglect and Exploitation of the Elderly. - Any person
who commits any of the following acts against a senior citizen shall be
punished with the penalty imposed under the Revised Penal Code, in the
maximum period, the status of the offended party being a senior citizen shall
be considered an aggravating circumstance of the offense:

(a) Any person who shall inflict or threatens to inflict any physical
harm or injury upon an elderly, including any act that is sexual in nature;

(b) Any person who shall physically restrain an elderly under
inhumane conditions with the intention of permanently restricting the elderly’s
movements and interaction with other members of the community;

(c) Any person who shall cause mental or emotional distress upon an
elderly through verbal abuse, intimidation, harassment, public humiliation and
ridicule;

(a) Any person who having the legal responsibility or contractual
obligation to care for an elderly, willfully neglects to provide food, medicines,
shelter, clothing or services necessary for the physical and mental health of an
elderly;

(e) | Any person who obtains control over the money, assets or property
of the elderly through undue influence or deceitful machinations with the
intention of depriving the elderly of its ownership, use and benefit; and

(9 | Any person who prevents an elderly from engaging in any
legitimate profession, occupation or business in the absence of any harm or
threat of abuse on the person of the elderly.

SEC. 5. Reporting. - The aggrieved elderly or any concerned citizen shall
make a report in writing to the barangay of any act which under the facts and
circumstances prevailing at the time will lead a reasonable person to believe
that the act constitute those enumerated under Section 4 hereof has been
committed or is being committed.

SEC. 6. Protective Services. — Based upon the accounts of the aggrieved
elderly or a sworn statement of a concerned citizen, the barangay of which the
elderly is a resident or currently located, shall conduct an investigation to
determine the veracity of the allegations. Finding reasonable ground to believe
that the act constitute any of those mentioned under Section 4 hereof, the
Barangay shall thereupon order the immediate temporary necessary relief to
safeguard the victim from further harm.



Nothing in this Section shall prevent the aggrieved elderly or any person
to make a report to the police or any law enforcement agency other than the
barangay, which shall provide the necessary assistance and protection, or to
apply for either the Temporary or Permanent Protection Order as an
independent action or as incidental relief in any civil or criminal case, where
the issues partake of the acts enumerated under Section 4 hereof.

SEC. 7, Role of Government Agencies. - In order to provide the
necessary relief and prevent further harm to the elderly-victim the following
agencies are mandated to:

(a) Barangay ~ grant, after ex-parte determination, applications for a
Barangay Protection Order (BPO), which shall be effective for fifteen (15) days
from its issuance, ordering the perpetrators to desist from committing any of
the acts mentioned under Sec. 4 hereof and which is subject of the application.
If the Punong Barangay is unavailable to act on the application for a BPO, the
application shall be acted upon by any available Barangay Kagawad. If the BPO
is issued by a Barangay Kagawad the order must be accompanied by an
attestation by the Barangay Kagawad that the Punong Barangay was
unavailable at the time for the issuance of the BPO. Immediately after the
issuance of an ex parte BPO, the Punong Barangay or Barangay Kagawad shall
personally serve a copy of the same on the respondent, or direct any barangay
official to effect is personal service.

The partics may be accompanied by a non-lawyer advocate in any
proceeding before the Punong Barangay.

(b) Department of Social Welfare and Development - extract and take
custody of the elderly, provide halfway shelters, counselling, psycho-social
services, and rehabilitation programs;

(c)__ Phitippine National Police or other law enforcement agency - assist
the barangay officials and other government officers and employees who
respond to a call for help; immediately serve the protection orders as well as
ensure its compliance; arrest the suspected perpetrator without a warrant
when any of the acts enumerated under Section 4 is occurring, or when he/she
has personal knowledge that any act of abuse has just been committed, and
there is imminent danger to the life or limb of the elderly;

(4) Regional Trial Court, Metropolitan Trial Court, Municipal Trial Court,
Municipal Circuit Trial Court — issue the Temporary Protection Order (TPO),
which shall be effective for thirty (30) days, after an ex-parte determination that
the order should be issucd. The TPO shall include the notice of the hearing on


the merits for the issuance of a Permanent Protection Order (PPO). Where final
judgment for the PPO has not been issued and the TPO is about to expire, the
court shall extend or renew the TPO for another thirty (30) days. A PPO shall be
effective until revoked by the court upon application by the person in whose
favor the order was issued. The court shall ensure immediate personal service
of the TPO or the PPO.

The court shall not deny the issuance of a protection order on the basis
of the lapse of time between the act and the filing of the application.

(ec) Healthcare provider ~ properly document or record observations/
examinations of the elderly which gives rise to any of the acts under Section 4
hereof, and to inform or report these assessment or findings to the barangay,
law enforcement agency or the courts;

() Department of Education, Department of Health and Local
Government Units - conduct information and dissemination campaign with
regard the rights of the elderly and the duties of the family to care for them, as
well as the nature, causes, incidence and consequences of acts which gives
rise to abuse, neglect or exploitation, particularly towards educating the public
on its social impacts;

(2) Public Attorney’s Office - appoint a counsel when it is shown that
the elderly does not have the financial capacity or lacks access to family
resources, to provide legal representation of his choice;

A fine not exceeding Ten Thousand Pesos (P10,000.00) or whenever
applicable criminal, civil or administrative liability shall be imposed on any
barangay official, government employee, law enforcer or healthcare provider
who fails to render the assistance required under this Section.

SEC. 8. Public Crime. ~ Abuse, exploitation and neglect shall be
considered a public offense which may be prosecuted upon the filing of a
complaint by any citizen having personal knowledge of the circumstances
involving the commission of the crime.

SEC. 9. Persons Exempt from Liability. - Any person, private
individual or law enforcement authority or barangay official who, acting in
accordance with law, responds or intervenes without using violence or restraint
greater than necessary to ensure the safety of the victim, shall not be liable for
any criminal, civil or administrative liability resulting therefrom.


‘The liability herein imposed shall not likewise apply to any person who
was acting pursuant to the instructions of a physician to protect the elderly
due to a physical or mental incapacity.

SEC 10. Implementing Rules and Regulations. - Within six (6) months
from the approval of this Act, the Secretary of Justice, the Secretary of Social
Welfare and Development, the Secretary of the Interior and Local Government,
shall promulgate the implementing rules and regulations of this Act.

SEC. 11. Suppletory Application. - For purposes of this Act, the
Revised Penal Code and other applicable laws, shall have suppletory
application.

SEC. 12. Separability Clause. - If any section or provision of this Act is
held unconstitutional or invalid, the other sections or provisions shall not be
affected.

SEC, 13. Repealing Clause. ~ All laws, Presidential decrees, executive
orders and rules and regulations, or parts thereof, inconsistent with the
provisions of this Act are hereby repealed or modified accordingly.

SEC. 14. Bffectivity. - This Act shall take effect fifteen (15) days from
the date of its complete publication in at least two (2) newspapers of general
circulation.

Approved,