Fifteenth Congress
First Regular Session

HOUSE BILLNO.__ 2295

Introduced by Honorable Godofredo V. Arquiza

EXPLANATORY NOTE

This bill seeks to give special protection and security to Parents, as well as
the Senior Citizens and the Elderly, from economic abuse and financial hardships
caused by children and grandchildren who have neglected and abandoned them.

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.”

As one ages, friends leave one by one. Siblings and other relatives also
leave their homes or die sooner or later. Children and others at home have no
time or interest in elders. They are busy in their own world. On top of this, as
people grow old, they are upset by economic problems such as loss of
employment, income deficiency and economic insecurity. The moral duty to
maintain parents is recognized by the conservative Filipino people.

Itis the duty of the State to enact measures to promote human dignity and
safeguard the rights of parents, as well as the Senior Citizens and elderly from
any form of economic disadvantage. Many children nowadays, after having been
reared, loved, nurtured and sent to school by their parents, have totally
abandoned their parents for selfish reasons.


The State shall intervene on behalf of the parents, Senior citizens and
elderly when the immediate family members refuse or fail to support them. The
best interest of the parents, Senior Citizens and the elderly shall be the
paramount consideration of the State. Every effort shall be exerted to protect
their welfare so they may live peacefully in the remaining years of their life.

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

GODOFREDO V. ARQUIZA


Fifteenth Congress
First Regular Session

2295

HOUSE BILL NO.

Introduced by Honorable Godofredo V. Arquiza

A MAINTENANCE AND WELFARE ACT FOR PARENTS, SENIOR CITIZENS,
AND THE ELDERLY, PROVIDING FOR REMEDIES, PRESCRIBING PENALTIES
‘THEREFORE, AND FOR OTHER PURPOSES

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 the "The Maintenance and
Welfare of Parents, Senior Citizens and Elderly Act of 2010".

SECTION 2. Declaration of Policy.- It is hereby declared that the State values the
dignity of Parents, Senior Citizens and the Elderly and guarantees full respect for
human rights. The State also recognizes the need to protect them from financial
hardships for their own survival and stability.

Towards this end, the State shall exert efforts to address all forms of
economic hardships committed against them in keeping with the fundamental
freedoms guaranteed under the Constitution.

SECTION 3. Definition of Terms - As used in these Rules, the term:

(a) “Parent” is the mother or the father of a child, whether biological or
adoptive, whether or not a senior citizen or elderly, who is unable to maintain
and financially support himself/herself;

(b) “Senior citizen” shall mean any resident citizen of the Philippines at least
sixty (60) years old or older as defined in Republic Act No. 9257, otherwise
known as the “Expanded Senior Citizens Act of 2003.”

() “Elderly” shall mean any resident citizen of the Philippines who is between
the ages of fifty (50) and fifty-nine (59) years old;


(a) “Members of the family” refers to the children, brothers or sisters
whether of full or half blood, and other descendants or collateral relatives within
the fourth (4%) civil degree of consanguinity of the Parent or Senior Citizen or the
Elderly.

(e) “Maintenance” includes provisions for food, clothing, shelter, medical
attendance and treatment;

(0) "Shelter" refers to any home or institution maintained or managed by the
Department of Social Welfare and Development (DSWD) or by any other agency
or voluntary organization accredited by the DSWD for purposes of this Act.

SECTION 4. Construction. - This Act shall be liberally construed to protect and
guarantee the economic stability of parents, Senior Citizens and the elderly.

Section 5. Maintenance of Parents, Senior Citizens and Elderly. - A parent or
senior citizen or elderly can file an application for maintenance and financial
support against one or more of his children or grandson or grand-daughter or
other members of the family who are capable to maintain them in their home
and/or give financial support.

The obligation of the children or grandchildren to maintain his or her
parent or grandparent extends to the needs of such parent or grandparent for
food, clothing, medical attendance and treatment.

A childless senior citizen or elderly, on the other hand, can make an
application for support against his brothers or sisters or other relatives within
the fourth (4!) degree of consanguinity.

If the child or relative, as the case may be, neglects or refuses to maintain
his parent, or grandparent senior citizen or elderly in his home, or is unable to
financial support him, the parent or grandparent senior citizen or elderly, may
apply for financial support in the Family Court where he is residing, at such
monthly rate for his maintenance which includes his food, clothing, shelter,
medical attendance and treatment;

The amount of support shall be in proportion to the resources or means of
the child or relative and to the necessities of the parent, senior citizen or elderly.

Support shall be reduced or increased proportionately, according to the
necessities of the parent, senior citizen or elderly and the resources or means of
the person ordered by the court to furnish the same.

The obligation to give support shall be demandable from the time the
parent, senior citizen or elderly needs it for maintenance, but it shall not be paid
except from the date of judicial or extra-judicial demand.


SECTION 6. Acts of Economic Abuse against Parents, Senior Citizens and the
Elderly and Penalties imposable. - The crime of economic abuse against
Parents, Senior Citizens and the Elderly are committed by:

(a) Any legitimate/ illegitimate/ adopted child or grandchild of the parent,
senior citizen or elderly, who shall deprive or threaten to deprive them
of financial support or financial resources, despite having the financial
capacity to do so, shall suffer the penalty of Prision Correccional or a
period ranging from six (6) months and one (1) day to six (6) years;

(b) Any legitimate/illegitimate/adopted child or grandchild of the parent,
senior citizen or elderly, who refuses to accept and maintain in their
home, the homeless parent, senior citizen or elderly despite having the
capacity to maintain the latter, shall suffer the penalty of Prision
Correccional or a period of from six (6) months and one (1) day to six (6)
years;

(©) Any legitimate/ illegitimate/ adopted child or grandchild of the parent,
senior citizen or elderly who shall unjustly control the victim’s own money
or property/is shall suffer the penalty of Prision Correctional or a period
of from six (6) months and one (1) day to six (6) years;

(d) Any brother or sister whether of the full or half blood and other
descendants or collateral relatives within the fourth (4) civil degree of
the Parent or Senior Citizen or the Elderly who shall deprive or threaten to
deprive financial support or resources or reject to maintain the senior
citizen or elderly in his home, despite having the financial capacity to do
so, shall suffer the penalty of Arresto Mayor or a period of from one (1)
month and one(1) day to six (6) months;

SECTION 7. Venue.- The Regional Trial Court designated as a Family Court shall
have original and exclusive jurisdiction over cases of Maintenance and Financial
Support against the Parent or Senior Citizen or the Elderly under this law. In the
absence of such court in the place where the offense was committed, the case
shall be filed in the Regional Trial Court where the crime or any of its elements
‘was committed at the option of the complainant.

SECTION 8. Exemption from Payment of Docket Fee and Other Expenses. -
Since the victim is an indigent, the court shall accept the application without
payment of the filing fee and other fees and of transcript of stenographic notes.

SECTION 9. Mandatory Programs and Services for Victims. - The DSWD, and
LGU's shall provide the victims temporary shelters, provide counseling, psycho-
social services and/or recovery, rehabilitation programs and_ livelihood
assistance. The DOH shall provide medical assistance to victims.


SECTION 10. Funding - The amount necessary to implement the provisions of
this Act shall be included in the annual General Appropriations Act (GAA).

SECTION 11. Implementing Rules and Regulations. - Within six (6) months
from the approval of this Act, the DOJ, the DSWD, the DILG, the DOH, and the
PNP, and three (3) representatives from NGOs to be identified by the DSWD, shall
promulgate the Implementing Rules and Regulations (IRR) of this Act.

SECTION 12. Suppletory Application - For purposes of this Act, the Family
Code, Revised Penal Code and other applicable laws, shall have suppletory
application.

SECTION 13. Separability Clause. - If any section or provision of this Act is held
unconstitutional or invalid, the other sections or provisions shall not be affected.

SECTION 14. 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.

SECTION 15. Effectively - 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,

GODQFREDO V. ARQUIZA

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