FIFTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
First Regtllar Session 
) 
SENATE 
S.No. 1772 
Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
:, ' 
: tJ 
,J!L 21 
Pi' JA 
, • )<.+ 
The Constitution, Article II, 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 ofliving, and an improved quality oflife for alL" 
Section 11 of the same article further provides that: "The State values the dignity of every 
human person and guarantees full respect for human rights." 
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 bill seeks to ensure that institutionalized persons will not be subjected to shabby and 
abusive treatment from the people charged with their care and custody.' 
• This bill was originally filed during the Thirteenth Congress, First Regular Session. 


FIFTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
; i 1 JUL 21' :14 
SENATE 
S. No. 1772 
Introduced by Senator Miriam Defensor Santiago 
1 
AN ACT 
2 
DEFINING WHO ARE INSTITUTIONALIZED PERSONS AND PENALIZING THEIR 
3 
MALTREATMENT 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled: 
4 
SECTION 1. Short Title. - This Act may be cited as the "Institutionalized Persons 
5 
Protection Act." 
6 
SECTION 2. Declaration of Policy. -
It is the policy of the State to provide adequate 
7 
social services to institutionalized persons and to respect their dignity by ensuring that the 
8 
persons in charge of their care and maintenance treat them properly. 
9 
SECTION 3. Definition of Terms. - As used in this Act, the term: 
10 
(A) 
"Institution" means any facility or institution which is owned, operated, or 
11 
managed by, or provides services on behalf of the government or its political 
12 
subdivision and which function is to provide skilled nursing, intermediate or long-
13 
term care, or custodial or residential care. 
14 
(B) 
"Institutionalized persons" refers to persons kept in an institution as defined in 
15 
this Act who are: 
16 
(1) Mentally ill, disabled, or retarded, or chronically ill or handicapped; 
17 
(2) Injail, either by final sentence or under detention; 
18 
(3) Juveniles -
1 


1 
(a) held awaiting trial; 
2 
(b) residing in such facility or institution for purposes of receiving care 
3 
or treatment; or 
4 
( c) residing for any government purpose in such facility or institution 
5 
other than a residential facility providing only elementary or. secondary education 
6 
that is not an institution in which reside juveniles who are adjudicated delinquent, 
7 
in need of supervision, neglected, placed in government custody, mentally ill or 
8 
disabled, mentally retarded, or chronically ill or handicapped. 
9 
SECTION 4. Prohibited Acts. - It shall be unlawful for any official, employee, or agent 
10 
of the government, or other person acting in behalf of the government charged with the care of 
11 
an institutionalized person to: 
12 
13 
14 
IS 
16 
17 
(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. 
18 
SECTION 5. Penal Liability. - Any of the persons referred to in Section 4 of this Act, 
19 
who are guiI'ty of the commission of the prohibited acts enumerated therein shall be penalized 
20 
with not less than six (6) months imprisonment and not more than one (I) year imprisonment. 
21 
This is without prejudice to any administrative case which may be filed against the official. 
22 
SECTION 6. Civil Liability. - A responsible official found guilty of violating this Act 
23 
shall also be civilly liable for any damage that may be suffered by the institutionalized person as 
24 
a result ofthe violation ofthis Act. 
2 


, 
I 
SECTION 7. Separability Clause. - If any provision, or part hereof, is held invalid or 
2 
unconstitutional, the remainder of the law or the provision not otherwise affected shall remain 
3 
valid and subsisting. 
4 
SECTION 8. Repealing Clause. - Any law, presidential decree or issuance, executive 
5 
order, letter of instruction, administrative order, rule or regulation contrary to, or inconsistent 
6 
with, the provisions of this Act is hereby repealed, modified, or amended accordingly. 
7 
SECTION 9. Effectivity Clause. - This Act shall take effect fifteen (15) days after its 
8 
pUblication i~ at least two (2) newspapers of general circulation. 
Approved, 
3