Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila
NINETEENTH CONGRESS
 First Regular Session
HOUSE BILL NO. _______________
Introduced by ANG PROBINSYANO 
Party-List Representative Alfred Delos Santos
EXPLANATORY NOTE
The  State,  under Article  II,  Section  11 of the  1987  Constitution,
proclaims the “value[ of] the dignity of every human person,” thereby
“guarantee[ing]  full  respect  for  human  rights.”  In  connection,  under
Article XIII, Section 11, the sector of the elderly is one that is entitled to
prioritization when it comes to receiving government aid and protection,
for  their  access  and  enjoyment  of  “essential  goods,  health  and other
social services.” Hence, under Article XV, Section 4, though the family, as
a social unit, is entrusted with “the duty to care for its elderly members,”
the State is likewise given this responsibility, to be acted upon “through
just programs of social security.”
In March 2020, it was confirmed that we have gotten “closer to
having an aging population,” where “at least 7[%] are over 65 years old”:1
More than 8 million, or 8.2 percent, of the Philippines’ population of 108.9
million  are  aged  60  and  above,  per  a  report  of  the  Commission  on
Population and Development (PopCom). Of this group, 5 million (or 4.7
percent) are aged 65 and older.
With the rise in the aged population came an increase in the cases
of  senior  citizens  who  have  been  subjected  to  abuse  and/or  been
abandoned outrightly by their families:2 
The Coalition of Services of the Elderly Inc., which advocates better care
for senior citizens, warned recently that a crisis looms in elderly care.
COSE  said  the  elderly  has  become  the  fastest  growing  sector  of  the
Philippine
population.
COSE, citing figures from the National Statistics Office, reported that the
country has 155,200 people aged 65 to 80 who are listed as living alone.
1 Ador Vincent Mayol, “Number of abandoned elderly rising,” Inquirer, March 9, 2020, 
available at https://newsinfo.inquirer.net/1238586/number-of-abandoned-elderly-
rising#ixzz6VxqjnkLU. 
2 “Crisis in elderly case,” Philippine Star, July 13, 2003, available at 
https://www.philstar.com/opinion/2003/07/13/213451/crisis-elderly-care. 
July 13, 2022
4:43 pm
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Some are widowed; others live alone by choice while others have been
listed as abandoned. About 31,500 who are at least 80 years old have
been abandoned or are living alone, COSE reported.
Elderly abuse has unfortunately become a full-blown social cancer in
the Philippines:3
Physical abuse are acts that are committed with intention of causing
physical  pain  and  injury.  It can  be  in the  form  of being hit,  sexually
assaulted  or  burned.  Any  act  leading  to  physical  or  bodily  pain  (i.e.
bruises, sprains, welts, abrasions and fractures) and injury is classified
under this. Psychological or emotional abuse involves verbal assaults,
threats, humiliation, and ridicule. Such abuse is usually accompanied by
physical abuse but may happen separately. Material or financial abuse
includes misuse of property or money, theft, or forced signing of legal
documents. Neglect may be referred to as passive or unintentional and
active or intentional.  Passive or unintentional neglect  would mean
isolation of the elderly or the elderly are left alone. The family, because of
other duties, may not be able to meet the needs of the elderly or the
caregiver  is  incompetent  to  provide  care  for  the  elderly.  Active  or
intentional neglect involves the deliberate withholding of items needed
for daily living (food, medicine, companionship and care) especially from
those who are physically dependent.
x x x
A. Domestic Abuse 
There  has  been  no  major  local  study  of  this  incident.  DSWD
admitted receiving reports of such circumstances but no record
or action has been made. Unlike child abuse, to be able to protect
abused  elderly,  the  elderly  themselves  should  report  such
incident before any action could be taken. Many abuses occur in
different forms in their own homes but only few would admit such
circumstances. The victims are often silent or in denial. They are
afraid to seek help and guidance from people who can help them.
Thus, elderly abuse is still unrecognized in our country.
Being physically vulnerable, the elderly is one of the most usual preys and
victims of abuse. Because of the frailty, such condition is taken advantage
of. Moreover being single and widowed is another factor adding to their
susceptible condition. Being dependent on the family, unfortunately, in a
way has become a disadvantage as well. For some families, they see the
state of the elderly as an opportunity to take over whatever wealth the
elderly has and deliberately neglecting or ignoring the elderly.
A radio program called the Senior Citizen hour receives several calls and
letters asking for advice regarding elderly abuse. Most of the abusers are
the children themselves. Financial abuse is one of the frequent complaints
accompanied  by  physical  abuse.  The  children  who still  live  with  their
parents, either employed or unemployed are oftentimes the perpetrators
or abusers. The abusers extort money from them to support their needs
or expenses, failure of the elderly to give money usually leads to physical
abuse. There are also cases wherein the working parents would force their
elderly parents to take care of their grandchildren even though the elderly
3 Clarita R. Carlos, “Concerns of the Elderly in the Philippines,” Philippine Social Sciences 
Review 56(1-4): 18-22, available at 
https://pdfs.semanticscholar.org/8a6b/2d097fc02065e561553ba2231b04f3a9450d.pdf. 


have expressed their refusal. There are several cases being reported but
do  not  really  fall  into  any  category  of  elderly  abuse  but  still  can  be
considered to be abusive. For instance, an elderly couple live together
with their four children. The house belongs to the elderly couple, their
children  ages  27  to  45  are  earning  for  themselves  but  have  never
contributed to the household expenses such as food, water and electricity
bills. The mother earns through sewing while the father no longer works
because  of  paralysis.  Since  the  mother  is  earning  by  herself  yet
supporting everyone in the family, she has requested financial assistance
from the children. The children ignored her request and continued with
their own lifestyles. To make things worse, one of the children accepted a
bed spacer, yet the mother does not profit from the said arrangement
because the rent goes directly to the child. The bed spacer on the other
hand  uses  the  house  facilities  such  as  water  and  electricity  that  the
mother shoulders.
Medical workers for a non-government agency also revealed that there
are some elderly who would come for treatment of bruises and welts.
When asked how they got such injuries, they would explain that they
either fell from the stairs or hit themselves accidentally. However, the
specialist would speculate that accidental falling or bumping could not
cause such injuries. In such cases wherein the elderly do not admit being
victims of abuse, the medical workers could only treat, or try to give them
unsolicited advice.
x x x (citations omitted, emphasis supplied)


This bill is offered as a solution to this growing problem.  As part of
the various measures to be proposed, this Bill aims to: 1) penalize the
various forms of elder abuse; 2) secure the rights of elders, especially
during the pendency of abuse suits; and 3) institutionalizes the various
protective mechanisms for elders.
It  is  for  the  foregoing  premises  that the  approval  of  this  Bill  is
earnestly sought.
ALFRED C. DELOS SANTOS
Representative, Ang Probinsyano Party-List




Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila
NINETEENTH CONGRESS
 First Regular Session
HOUSE BILL NO. _______________
Introduced by ANG PROBINSYANO 
Party-List Representative Alfred Delos Santos
AN ACT
PROTECTING SENIOR CITIZENS FROM VIOLENCE, DEFINING ELDER
ABUSE, AND PRESCRIBING PENALTIES THEREOF
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 “Anti-Elder
Abuse Act.”
SECTION 2. Declaration of Policy. – It is hereby declared the policy of
the State to value the dignity of senior citizens and thereby guarantee full
respect for human rights. This State also recognizes the need to protect
the family and its members, particularly the senior citizens from all forms
of  violence,  abuse,  neglect,  exploitation,  and  coercion,  especially  acts
deleterious to their personal safety and security.
Towards this end, the State shall exert efforts to address all forms of
violence,  abuse,  neglect,  exploitation,  and  coercion,  especially  acts
deleterious  to  their  personal  safety,  security,  dignity,  or  any
discriminatory act committed against senior citizens in keeping with the
fundamental  freedom  guaranteed  under  the  Constitution  and  the
provisions of the universal Declaration of Human Rights.
SECTION 3. Definition of Terms. – As used in this Act.
a) Domestic violence refers to acts or threat of violence on a senior
citizen, to exclude an act of self-defense, committed by any of the
following:
1) Current or former spouse of the victim;
2) A person related by blood or marriage to the victim;
3) A person who is cohabiting with or has cohabited with the victim;
4) A person with whom the victim shares a child in common;
5) A person who is or has been in a social relationship of romantic
or intimate nature with the victim; or
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6) A  person  similarly  situated  to  a  spouse  of  the  victim,  or  by
another person, if the domestic or family violence laws of the
jurisdiction of the victim provide for legal protection of the victim;
b) Elder abuse refers to a single or repeated act, or lack of appropriate
action,  occurring  within  any  relationship  or  interaction  by  any
person which causes harm or distress to a senior citizen. It includes
any act or series of acts committed by any person against a senior
citizen, within or outside the family abode, which result or is likely to
result in physical violence, psychological or emotional, economic, or
domestic violence, and neglect or abandonment;
c) Emotional  abuse refers  to  acts  that  include  shouting,  swearing,
scaring,  or  humiliating  a  senior  citizen  through  name-calling,
ridicule, constant criticism, accusing, blaming, showing disrespect,
ignoring, or giving them the silent treatment;
d) Safe place or shelter refers to any home or institution maintained or
managed by the Department of Social Welfare and Development
(DSWD)  or  by  any  other  suitable  place  that  is  willing  to
accommodate the aggrieved senior citizen; and
e) Senior citizen refers to any resident citizen of the Philippines at least
sixty  (60)  years  old  as  defined  under  Republic  Act  No.  9994,
otherwise known as the “Expanded Senior Citizen Act of 2010.”
SECTION 4.  Acts of Violence Against a Senior Citizen. –  Acts of
violence  against a senior citizen are acts that cause harm or distress
committed once or repeatedly through any of the following:
a) Physical abuse or infliction of pain or injury with the use of physical
force or resulting in bodily injury, physical harm, pain or impairment,
suffering or distress;
b) Psychological,  mental,  or  emotional  abuse  causing  mental  or
emotional suffering or distress;
c) Material  exploitation  through  illegal  or  improper  use  of  funds  or
resources of the senior citizen; and economic or financial abuse
through acts that make the senior citizen financially dependent or
case financial damage to them; and
d) Abandonment or desertion by leaving a senior citizen unattended at
a place for such a considerable length of time, as may be likely to
endanger the health and welfare of a senior citizen, by an individual
who has assumed responsibility for providing care for the senior
citizen, or by a person with custody of the senior citizen.


SECTION 5. Rights of a Senior Citizen. –  During the pendency of the
case  involving  violence  against  a  senior  citizen,  in  addition  to  those
provided  under  existing  law,  a  senior  citizen  shall  have  the  following
rights:
a) To avail of protection and legal assistance from the Public Attorney’s
Office (PAO) of the Department of Justice (DOJ) or any public legal
assistance office;
b) To be entitled to support services from the DSWD and the Local
Government Unit (LGU) concerned;
c) To be entitled to all legal remedies as provided for under the Family
Code;
d) To be informed through the Senior Citizen Help Desk established
hereunder  of  the  senior  citizen’s  rights  and  services  available,
including the right to apply for a protection order; and
e) To  be  entitled  to  actual,  compensatory,  moral,  and  exemplary
damages.
SECTION 6.  Mandatory Programs and Services for a Senior Citizen
who is a Victim of Violence. – The DSWD, in coordination with the LGUs,
shall provide a senior citizen who is a victim of violence and similar acts
the following services:
a) A safe place or temporary shelter, such as senior housing or nursing
home  or  other  suitable  facility  or  service,  when  appropriate,  as
emergency short-term shelters. This safe place or temporary shelter
shall provide counselling, psycho-social, recovery or rehabilitation
programs and livelihood assistance;
b) Counselling, healing, recovery, and rehabilitation services; and
c) The  appropriate  programs  to  ensure  the  personal  safety  and
security of a senior citizen who are victims or survivors of violence
and similar acts.
SECTION 7. Response to a Request for Assistance. – In responding to
a request for assistance, a barangay official or law enforcer shall have the
following duties:
a) Respond immediately to a call for help or request for protection of
the  victim  by  entering  the  senior  citizen  victim’s  dwelling,  if
necessary, whether or not a perpetrator or one which is within plain
view;


b) Confiscate any harmful object in the possession of the perpetrator,
or one which is within plain view;
c) Transport the victim to a barangay hall, or to a clinic or hospital;
d) Assist the victim in removing personal belongings from the dwelling;
e) Ensure the enforcement of the Protection Order (PO) issued by the
Lupong  Tagapamayapa,  the
 Punong  Barangay
 or  Barangay
Chairman and the Court;
f) Arrest a suspected abuser when any of the acts of violence defined
in this Act is actually occurring, or if based on personal knowledge,
an  act  of  violence  has  been  committed,  and  there  is  imminent
danger to the life or limb of the senior citizen as defined in this Act;
and
g) Immediately report the call for assistance to the DSWD, the LGU or
accredited Non-Government Organization (NGO).
SECTION 8. Philippine National Police (PNP) Protocol in Responding
to Violence Committed Against a Senior Citizen. – The Philippine National
Police (PNP) is hereby directed to adopt a written protocol establishing
written  guidelines  and procedures  to be  followed  by police  officers  in
responding to request for assistance and calls related to violence against
senior citizens.
SECTION 9. Education and Training Programs for Law Enforcement
Officers and Persons Involved in Responding to Cases of Violence Against
a Senior Citizen. – All persons involved in responding to cases on all forms
of  abuse,  violence,  threats  to  personal  safety  and  security  or  any
discriminatory act committed against a senior citizen, shall be required to
undergo education and training. The PNP, in coordination with the LGU
concerned and the DSWD shall establish education and training programs
to assist law enforcement officers and barangay officials to enable them to
properly  handle cases of violence against senior citizens and acquaint
them with:
a) The nature, extent, causes of violence;
b) The legal rights of, and remedies available to, victims of violence;
c) The services and facilities available to victims or survivors;
d) The duties imposed on police officers in making lawful arrest and to
offer protection and assistance; and


e) The necessary techniques to be employed in handling incidents of
violence  to  minimize  the  likelihood  of  inquiry  to  the  officer  and
promote the safety of the victim or survivor.
SECTION 10. Mandatory reporting of Domestic Violence. – A public
officer who receives a complaint of violence committed against a senior
citizen or the head of a public or private hospital, medical clinic, or similar
institutions,  as  well  as  the  attending  physician  or  nurse,  clinician,
barangay  health  worker,  therapist,  or  counsellor  who  examined  or
rendered treatment to a senior citizen victim shall make a report of the
complaint, examination or treatment to the nearest police station.
All public workers and medical professionals who have knowledge of
the  incident  involving  domestic  violence  and  to  whom  said  abuse  or
violence was reported or revealed in the course of the performance of
official  duty,  shall  immediately  report  the  incident  to  the  proper
authorities.
In all cases, a report shall be made to any law enforcement agency
within forty-eight (48) hours from knowledge of the same. Whereupon,
investigation shall immediately follow. The DSWD shall assign a social
worker  to  verify  incidents  of  violence  and  file  a  petition  for  PO,  if
warranted.
SECTION  11.  Establishment of Senior Citizen Help  Desk. –  Every
barangay shall establish a Senior Citizen Help Desk which shall provide
immediate  assistance  to  victim-survivors  of  abuse.  Besides  barangay
officials, it may be manned by representatives of the senior citizen sector
or  by  members  of  a  local  senior  citizen  organization  designated  and
authorized by the Barangay Council or Chairperson.
SECTION 12. Special Prosecution Unit. – The DOJ is hereby directed
to establish special units that shall handle complaints of violence against
senior citizens as defined in this Act, and the prosecution thereof.
SECTION 13. Venue. – The Regional Trial Court (RTC) designated as
a Family Court shall have original and exclusive jurisdiction over cases of
violence against senior citizens as provided in this Act. In the absence of
such court in the place where the offense was committed at the option of
the complainant.
SECTION 14. Protection Order (PO). – A Protection Order (PO) is an
injunction under this Act that may be requested or issued for the purpose
of preventing further acts of abuse or violence against senior citizens as
specified in Section 4 of this Act and granting other necessary relief. The
provisions of the PO shall be enforced by law enforcement agencies.
The types of PO that may be issued under this Act are as follows:


a) Barangay Protection Order (BPO);
b) Temporary Protection Order (TPO); and
c) Permanent Protection Order (PPO).
The PO that may be issued under this Act shall include any or all of
the following reliefs:
a) Prohibition  of  the  respondent  or  offender  from  threatening  to
commit, personally or through another, any of the acts of violence
as defined in Section 4 hereof;
b) Whenever applicable, issuance of an order to the respondent or
offender  to  immediately  leave  the  domicile  or  residence  of  the
petitioner. If personal effects must be removed from the residence,
the Court shall direct a law enforcement officer to accompany the
respondent to the residence until such time that respondent has
gathered  all  belongings,  and  to  escort  the  respondent  from  the
residence:  Provided, that the victim or the aggrieved party shall
likewise be accorded the same protection contemplated herein;
c) Issuance  of  an  Order  to  the  respondent  to  stay  away  from  the
petitioner  within  a  distance  to  be  determined  by  the  Court:
Provided,  that  the  order  shall  ensure  the  physical  safety  of  the
petitioner in the residence, place of work, school, and such other
places frequented by the offended party;
d) Prohibition  of  the  respondent  from  directly  or  indirectly
communicating or contacting the petitioner;
e) Issuance of an Order to proper law enforcement offices to enforce
the provisions of the Section;
f) Issuance  of  an  Order  to  the  DSWD  and  the  Social  Welfare
Development  Office  (SWDO)  of  the  LGU  concerned  to  provide
therapy, counselling, and other support services to the aggrieved
party or parties;
g) Issuance of an Order for the restitution for actual damages caused
by  the  violence  inflicted,  including  but  not  limited  to  property
damaged, medical expenses, and loss of income; and
h) Such other relief deemed necessary by the Court for the protection
of the petitioner and such other persons who may be in need of the
same.
Any of the reliefs provided under this Section shall be granted even
in  the  absence  of  a  decree  of  legal  separation  or  annulment,  or


declaration  of  absolute  nullity  of  marriage  in  the  case  of  married
individuals.
The application for PO must be in writing, signed and verified under
oath by the applicant. If the applicant is not the victim, the application
must be accompanied by an affidavit of the applicant attesting to:
1) The  circumstances  of  the  disclosure  of  the  violence  or  abuse
suffered by the victim; and
2) The circumstances of consent, or lack thereof, given by the victim
for the filing of the application.
When disclosure of the address of the abused senior citizen will
pose danger to the person’s life, it shall be stated in the application. In
such a case, the applicant shall attest that the victim is residing in the
municipality or city over which the Court has territorial jurisdiction and
shall provide a mailing address for the purpose of the service of the court
processes.
The  standard application  form  for  PO shall include  the  following
information:
1) Names and addresses of petitioner and respondent;
2) Description of relationship between petitioner and respondent, in
the case of violence within the context of Section 4 of this Act;
3) A statement of the circumstances and the nature of violence or
abuse;
4) Description of the reliefs requested by the petitioner as specified in
this section;
5) Request for counsel and reasons for such request;
6) Request for waiver of application fees until hearing; and
7) An  attestation  that  there  is  no  pending  application  for  a  PO  in
another Court.
The following persons may file the petition for a PO:
1) The offended party;
2) Any member of the family or household of the victim as defined in
this Act;
3) Social  worker  from  the  DSWD  or  the  SWDO  of  the  LGU  or  any
accredited social welfare organization;
4) Law enforcement officer or agent;
5) Lawyer, counsellor, therapist, or healthcare of the petitioner; and
6) Any  concerned  responsible  citizen  of  the  community  who  has
personal knowledge of the offense committed.
No filing fee shall be required in the application for a PO.


An application for a PO filed with the Court shall be considered an
application for both a TPO and a PPO.
SECTION 15.  Transfer of Residence; New Application Needed. –  A
petitioner previously granted a BPO under this Act and who desires to
relocate to a new residence outside the original city or municipality of
residence has to apply for a new BPO.
When a PO has been issued by a Court of competent jurisdiction and
the person in whose favor it is issued transfers to a place outside the
court’s jurisdiction, the person may still gave the order enforced by filing a
petition before a court in the place where the person has transferred. The
petition  to  enforce  the  order  shall  include  a  copy  of  the  previously
obtained PO. The respondent shall be noticed of the issuance of a new PO.
SECTION  16.  Legal  Representation  of  Applicant  for  a  PO.  –  If  a
petitioner for a PO is requesting for the appointment of a counsel because
of lack of economic means to hire a counsel  de parte, the Court shall
immediately direct the Office of the Public Prosecutor who has jurisdiction
over the case to represent the petitioner in the hearing on the application
sought. The applicant who cannot afford to hire the services of a private
counsel or lacks access to family or conjugal resources such as when the
same are controlled by the abuse, shall qualify for legal representation by
the DOJ, the Public Prosecutors’ Office or the PAO.
However, a private counsel offering free legal service is not barred
from representing the petitioner with the latter’s consent, and with the
leave of Court.
SECTION  17.  Barangay  Protection  Order  (BPO).  –  A  Barangay
Protection Order (BPO) is issued by the  Lupong Tagapamayapa  and the
Punong Barangay  or Barangay Chairman. The issuance of a BPO or the
pendency of an application for a BPO shall not preclude petitioner from
applying for, or the Court from granting, a TPO or PPO.
Application for a BPO shall follow the Rules on venue under the
Local  Government  Code  of  1991  and  its  implementing  rules  and
regulations.
A  Punong  Barangay  or  Barangay  Chairperson  who  receives
application for a BPO shall issue the PO to the applicant on the date of
filing after  ex parte  determination of the basis of the application. If the
Punong Barangay or the Barangay Chairman is unavailable to act on the
application for a BPO, the application shall be acted upon by any available
Lupong Tagapamayapa or Barangay Kagawad.  
A BPO issued by the Lupong Tagapamayapa, a Punong Barangay or
Barangay Chairperson and the  Barangay Kagawad  may cover the relief
provided in Section 14 hereof and shall be effective for fifteen (15) days.


Immediately after the issuance of an ex parte BPO, the Punong Barangay
or Kagawad shall personally serve a copy of the same on the respondent,
or direct any barangay official to personally serve the order.
Within forty-eight (48) hours of issuance of an  ex parte BPO, the
Punong  Barangay or  Barangay  Kagawad must  refer  the  case  to  the
Lupong  Tagapamayapa.  The  case  shall  be  heard  by  the  Lupong
Tagapamayapa within seven (7) days from the date of referral and within
the fifteen (15)-day effectivity period of the ex parte BPO.
Notice of the hearing shall be given to both parties. Subsequent to a
hearing on the merits of the application, the Lupong Tagapamayapa may
extend a BPO that grants relief under Section 14 for a period of six (6)
months. The issuance of a BPO shall not preclude any applicant from
applying or receiving a subsequent BPO concerning the same matter.
SECTION  18.  Temporary  Protection  Order  (TPO).  –  A  Temporary
Protection Order (TPO) may be issued by a Court prior to the issuance of a
Permanent Protection Order (PPO) and shall be based on an application
under Section 14 herein. Any application for TPO or PPO must be made
with  territorial  RTC,  Metropolitan  Trial  Court,  Municipal  Trial  Court,  or
Municipal Circuit Trial Court with territorial jurisdiction over the place of
residence of the offended family or the senior citizen victim who suffered
violence described under Section 4 of this Act; Provided, however, that if a
Family Court exists in the place of residence of the person for whom the
application is made, the application shall be filed with that Court.
A Court that received an application for a PO shall issue a TPO on
the date of the filing of the application for  ex parte  determination that
such order shall be issued. The TPO shall be effective for thirty (30) days.
The Court shall schedule a hearing on the issuance of a PPO prior to or on
the date of expiration of the TPO. The Court shall order the immediate
service of the TPO on respondent by the Court Sherriff who may obtain the
assistance  of  law  enforcement  agents  for  the  purpose.  The  TPO  shall
include a notice of the hearing on the merits of the issuance of PPO.
SECTION  19.  Permanent  Protection  Order  (PPO).  –  A  Permanent
Protection Order (PPO) may be issued only by the Court after the notice
and hearing.
Any  application  for  TPO  or  PPO  must  be  made  with  an  RTC,
Metropolitan Trial Court, Municipal Trial Court, or Municipal Circuit Trial
Court  with  territorial  jurisdiction  over  their  place  of  residence  of  the
offended  family  or  the  abused  senior  citizen  who  suffered  violence
described under Section 4 of the Act; Provided, however, that if a Family
Court  exists  in  the  place  of  residence  of  the  person  for  whom  the
application if made, the application shall be filed with that Court.


Respondent’s non-appearance despite proper notice, or lack of a
lawyer,  or  the  non-availability  of  respondent’s  lawyer  shall  not  be  a
ground for rescheduling or postponing the hearing on the merits of the
issuance of a PPO. If the respondent appears without counsel on the date
of  the  hearing  on  the  PPO,  the  Court  shall  appoint  a  lawyer  for  the
respondent  and  immediately  proceed  with  the  hearing.  In  case  the
respondent fails to appear despite proper notice, the Court shall allow ex
parte presentation of the evidence by the applicant and render judgment
on  the  basis  of  the  evidence  presented.  The  Court  shall  allow  the
introduction of any history of abusive conduct of a respondent even if the
same was not directed against the applicant or the person for whom the
application is made. 
The  court  shall,  to  extent  possible,  conduct  the  hearing  on  the
merits of the issuance of a PPO in one (1) day. Where the court is unable
to conduct the hearing within one (1) day and the TPO issued is due to
expire,  the  court  shall  continuously  extend  or  renew  the  TPO  for  the
duration of the case until final resolution on the case is issued. Provided,
however,  that  the  PPO  may  be  modified  by  the  Court  accordingly  to
address the needs of the applicant.
The Court may grant any, some, or all of the reliefs provided in
Section 14 hereof through a PPO. A PPO shall be effective until revoked by
a Court upon application  of the person in whose favor the order was
issued.  The  Court  shall  ensure  immediate  service  of  the  PPO  on
respondent. The Court shall not deny the issuance of a PO on the basis of
the lapse of time between the act of violence or abuse as defined in
Section 4 herein, and the filing of the application.
Regardless  of  the  conviction  or  acquittal  of  the  respondent,  the
Court must determine whether or not the PPO shall become final. Even in
a dismissal of the application for a PPO, the same shall be granted as long
as there is no clear showing that the act which the order might arise from
did not exist.
Failure to act on application for a PO within the period specified in
the previous sections without justifiable cause shall render the  Lupong
Tagapamayapa,  the  Punong  Barangay  or  the  Barangay  Chairman,  the
Barangay Kagawad, the Official, or the Judge administratively liable.
SECTION 20. Priority Action on Application for a Protection Order. –
Hearings on applications for a PO under this Act shall have priority over all
other  proceedings.  Barangay  officials,  Lupong  Tagapamayapa and  the
Courts shall schedule and conduct hearings on applications for a PO under
this  Act  above  all  other  businesses  and,  if  necessary,  suspend  other
proceedings in order to hear applications for a PO.
Respondents shall be notified of the issuances of a PO.


SECTION 21. Prohibition Against Undue Influence Over a Protection
Order  Applicant.  –  A  Lupong  Tagapamayapa,  a  Punong  Barangay or
Barangay Chairman, or the Court hearing an application for a PO shall not
order, direct, force, or in any way unduly influence the application for a PO
to compromise or abandon any of the reliefs sought in the application for
a PO provided under this Act. Section 7 of the Family Courts Act of 1997
shall not apply in the proceedings where relief is sought under this Act.
Failure  to  comply  with  this  section  shall  render  the  concerned
individuals, official, or Judge administratively liable.
SECTION  22.  Mutual  Protection  Order  Prohibited.  –  No  order  for
protection of the offender or respondent may be granted by a  Lupong
Tagapamayapa or a  Punong Barangay  or Barangay Chairman and the
Courts.
SECTION 23. Complaint against a Violation of Protection Order. – A
complaint on the violation of a BPO issued under this Act shall be filed
directly  with  any  Municipal  Trial  Court,  Metropolitan  Trial  Court,  or
Municipal  Circuit  Trial  Court  that  has  territorial  jurisdiction  over  the
barangay that issued the BPO. Violation of a BPO shall be punishable by
imprisonment of thirty (30) days without prejudice to any other criminal or
civil action that the offended party may file for any of the acts committed
under Section 4 hereof.
A judgment on a violation of a BPO may be appealed according to
the Rules of Court. During trial and upon judgment, the trial court may
motu  proprio  issue  a  PO  as  it  seems  necessary  without  need  of  an
application.
A violation of any provision of a TPO or PPO issued under this Act
shall constitute contempt of court punishable under the Rules of Court,
without prejudice to any other criminal or civil action that the offended
party may file for any of the acts committed in accordance with Section 4
hereof.
Any  violation  of  a  PO  issued  under  this  Act  shall  constitute  an
offense punishable by imprisonment of thirty (30) days, without prejudice
to any criminal or civil action that the offended party may file against a
person who has committed any acts described in Section 4 hereof.
A  complaint  on  a  violation  of  the  PO  shall  be  filed  by  the
complainant directly with the Court that issued the order, or with that
Court in the place of residence of the complainant, if the former is not
practicable.  A  criminal  case  for  violation  of  a  PO  shall  be  tried  and
resolved by the Court within sixty (60) days from the date the complaint
was filed. The Court, upon determination of probably cause, shall cause
the arrest of the accused who may post bail in the interim in an amount to
be determined by the Court.


A judgment on a violation of a PO may be appealed according to the
Rules of Criminal Procedure. During trial and upon judgment, the Court
may motu propio issue a PO as it deems necessary.
SECTION 24. Hold Departure Order. – A hold departure order shall be
issued immediately by the Court against the respondent of a complaint of
abuse against a senior citizen as described under this Act.
SECTION 25.  Penalties. – Commission of the acts described under
Section 3 hereof shall suffer the following penalties:
a) Acts  falling  under  Section  4(a)  hereof  constituting  attempted,
frustrated, or consummated parricide or murder or homicide shall
be punished in accordance with the provisions of the Revised Penal
Code.
b) Acts  falling  under  Section  4(a)  resulting  in  mutilation  shall  be
punishable in accordance with the Revised Penal Code:  Provided,
that those resulting in serious physical injuries shall be punishable
with the penalty of  prison mayor; those resulting in less serious
physical injuries shall be punishable by prison correctional and those
resulting in slight physical injuries shall be punishable by  arresto
mayor.
c) All other acts enumerated in Section 4 hereof shall be punishable by
prison  correctional and  a  fine  in  an  amount  not  less  than  One
hundred  pesos  (P100,000.00)  but  not  more  than  Three  hundred
pesos (P300,000.00).
In addition to these penalties, a person found guilty of any of the
acts  enumerated  in  Section  4  hereof  shall  be  required  to  undergo
mandatory psychological counselling or psychiatric treatment and shall
report compliance therewith to the court.
A Barangay Official or law enforcer  who fails to respond  to any
request for assistance or protection from or on behalf of a victim shall
suffer imprisonment of six (6) months to one (1) year, at the discretion of
the Court and pay fine of not less than Five thousand pesos (P5,000.00),
but not more than Ten thousand pesos (P10,000.00).
Any  person who fails  to report  any act of violence  described in
Section 3 hereof as required herein shall be liable for a fine of not less
than Ten thousand pesos (P10,000.00). Whenever applicable, criminal or
administrative charges may also be filed.
SECTION 26.  Counseling and Treatment of Offenders. – The DSWD
shall  provide  rehabilitation  counselling  and  treatment  of  perpetrators
towards learning constructive ways of coping with anger and emotional


outburst and reforming their ways. When necessary, the offender shall be
ordered by the Court to submit to psychiatric treatment or confinement.
SECTION 27. Appropriations. – The amount necessary for the initial
implementation of this Act shall be charged against the current year’s
appropriations of concerned departments. Thereafter, the amount needed
for  the  continued  implementation  of  this  Act shall  be  included  in the
budget  of  the  concerned  departments  in  the  annual  General
Appropriations Acts.
For LGUs, the implementation of the programs shall be charged
against  the  internal  revenue  allotment  and  other  internally  generated
funds of the LGU concerned.
In addition, the departments concerned and the LGUs, may accept
donations, contributions and grants from various sources for the purpose
of implementing this Act.
SECTION 28. Implementing Rules and Regulations (IRR). – Within six
(6) months from the approval of this Act, the secretary of the DSWD, in
coordination with the Secretaries of the DOJ, the Department of Interior
and Local Government (DILG) and the DOH, shall formulate rules and
guidelines  as  may  be  necessary  for  the  proper  implementation  and
enforcement of this Act. This shall include the development of protocols
and training programs for all agencies and public officers concerned and a
public  information  and  education  program  on  violence  against  senior
citizens. The implementing rules and regulations (IRR) provided under this
Act shall be reviewed periodically, and revised if necessary.
SECTION 29. Suppletory Application. – For purposes of this Act, the
Revised  Penal  Code  and  other  applicable  laws,  shall  have  suppletory
application.
SECTION 30. Separability Clause. – If any provision of this Act shall
be  declared  unconstitutional  or  invalid,  such  declaration  shall  not
invalidate other parts thereof which shall remain in full force and effect.
SECTION  31.  Repealing  Clause. –  All  laws,  executive  orders,
presidential  decrees  or  issuances,  letters  of  instruction,  administrative
orders,  rules,  and  regulations  contrary  to  or  inconsistent  with  the
provisions  of  this  Act  are  hereby  repealed,  amended,  or  modified
accordingly.
SECTION 32.  Effectivity Clause. – This Act shall take effect fifteen
(15) days after its publication in the Official Gazette or in a newspaper of
general circulation.
Approved,