Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

SEVENTEENTH CONGRESS
First Regular Session

HOUSE BILL No. 4708

Introduced b EPRESENTATIVE MAGNOLIA ROSA C, ANTONINO.

EXPLANATORY NOTE

Section 4, Article XV of the Constitution explicitly provides that “[T]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 State has dutifully done its part by implementing laws granting
benefits to senior citizens by way of discounts and other privileges now being
enjoyed by senior citizens, However, these laws have become meaningless to
those who do not have money to purchase medicines or dine in restaurants or
ride in any mode of transportation as they cannot be able to enjoy the discount.
There should be another way by which the government could let these
unfortunate senior citizens feel that they have not been abandoned or neglected.

There is an urgent need also to address some more pressing social
problems like the abandoned, disadvantaged, disabled, deprived and sometimes
abused senior citizens, who continue to wander in most conspicuous places,
particularly in Metro Manila and other urban centers, as they have gotten less
attention from the government.

In the Philippines, the traditional norms and values showed great respect
and care for the aged by the family itself. However, due to deteriorating
economic conditions of most families, in recent years, society has seen a large
number of parents not being maintained by their children, and in fact, they are
often being perceived as burden, even while living with the family. Unlike in
affluent families, they are even quarreling over the custody of their elderly
parents apparently to protect or preserve their inheritance.


This situation clearly reveals that ageing has become a major social
challenge, particularly with respect to care and treatment required for the
elderly. The time has come when the moral obligation to look after their parents
in their old age has to be backed by a legal obligation,

This bill therefore seeks to implement the Senior Citizens Welfare Act, to
penalize the children, who will allow their parents to roam and wander aimlessly
totally uncared for and no shelter to lay their tired bodies and souls.

The paramount objectives of this proposed legislation are to ensure that
maintenance of older persons by their family will be a matter of right for the
parents and that the government must establish home for the aged in every
region in order to protect the best interest and welfare of the senior citizens,

The foregoing, reasons warrant the immediate approyal of this bill

A.C, ANTONINO,
Representative
Fourth District, Nueva Eeija


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

SEVENTEENTH CONGRESS
First Regular Session

4708

HOUSE BILL No.

Introduced by: REPRESENTATIVE MAGNOLIA ROSA C, ANTONINO

AN ACT
PROVIDING FOR THE WELFARE OF ELDERLY BY INSTITUTING
MECHANISMS AGAINST ABUSE, NEGLECT AND EXPLOITATION,
ESTABLISHING A HOME FOR THE ELDERLY IN EVERY REGION,
PRESCRIBING PENALTIES FOR ANY VIOLATION THEREOF AND.
APPROPRIATING FUNDS THEREFOR

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

SECTION 1, Short Title, - This Act shall be known as “Hie Elderly Welfare
Act.”

SEC. 2. Declaration of Policy. ~ I is hereby declared the policy of the
State to value the dignity of the elderly and must be accorded adequate welfare
measures for their care and protection. Toward this end, the State shall make ita
legal obligation for children to provide proper maintenance and support to
senior citizens,

SEC. 3. Definition of Terms. - As used in this Act, the following, terms
shall mean:

a) Elderly refers to any person who is 60 year old and above and may be
used interchangeably in this Act as a senior citizen;

b) Abuse refers to any willful and unjustified act directed towards an
elderly

) Neglect occurs when his basic needs have been deliberately unattended
or inadequately attended or when he is ill clad and without proper shelter, left
by himself without provisions for his needs;


©) Exploitation refers to an act committed by any person to take advantage
of the diminished capacity of an elderly;

«) a dependent elderly is one who is without a child, or one whose child
or children for good cause desires to be relieved of his care or custody and is
dependent upon the public for support;

e) An abandoned elderly is one who has no proper child care or whose
child or children have deserted him for a period of at least three (3) continuous
months;

f) A neglected senior citizen is one whose basic needs have been
deliberately unattended or inadequately attended, Neglected may occur when
the senior citizen is ill clad and without proper shelter, left by himself without
provisions for his needs and/or without proper supervision or when maltreated,
raped or seduced, exploited, overworked or made to work under conditions not
conducive to good health, or are made to beg in the streets or public places or
when senior citizens are in moral danger, or exposed to gambling, prostitution
and other vices,

SEC. 4. Prohibited Acts of Abuse, Neglect and Exploitation, ~ It shall be
unlawful for any person to commit against an elderly the following:

a) To inflict or threaten to inflict any physical harm or injury,
including, any form of sexual harassment;
b) To physically restrain under inhumane conditions with the

intention of permanently restricting the movements and
interaction with other members of the community;

°) To cause mental or emotional distress through verbal abuse,
intimidation, harassment, public humiliation and pillory;
dy To obtain control over 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;

e) To prevent from engaging, in any. legitimate profession,
occupation or business in the absence of any harm or threat of
abuse on the person of an elderly; and

ny For the children of the elderly, to willfully neglect to provide
food, medicines, shelter, clothing or services necessary for the
physical and mental health;

SEC 5. Duty to Report Abandonment. - When the child or children of
elderly are dead or, if living, have abandoned him or her, for no valid reason, for
at least three (3) months in a hospital or similar place, or left him with any other
person for the same period without providing for his care and support, such fact


shall be reported immediately to the Department of Social Welfare and
Development (DSWD). In case of elderly left in a hospital, agency, or institution,
immediate transfer of the elderly must be arranged. The DSWD shall make
provisions for the adequate care and support of the elderly and shall take action
as it may deem proper for his best interests.

SEC. 6, Establishment of Home for the Elderly. - There shall be established
a Home for the Elderly in every region under the direct supervision of the
Department of Social Welfare and Development (DSWD) to provide the
necessary care, including food, shelter and clothing for the dependent,
abandoned and neglected elderly

SEC. 7. Appropriations, - The amount necessary for the implementation
of this Act shall be charged against the appropriations of the DSWD under the
General Appropriations Act of the year following its enactment into law and
thereafter

SEC. 8, Penalties, - Any person found guilty of violating the prohibited
acts enumerated under Section 4 of this Act shall be punished with
imprisonment for not less than six (6) months nor more than one (1) year or a
fine of one hundred thousand pesos (P100,000.00) or both at the discretion of the
court,

SEC. 9, Inplementing Rules and Regulations. ~ ‘The DSWD shall issue
rules and regulations necessary to implement this Act.

SEC. 10. Effectivity. ~ This Act shall take effect fifteen (15) days after its
complete publication in a newspaper of general circulation.

Approved,