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

Seventeenth Congress
Second Regular Session

HOUSE BILL NO. 6891

Introduced by Representative Milagros Aquino-Magsaysay

EXPLANATORY NOTE

This bill seeks to prescribe penalties for offenders of elder abuse and
establish institutional mechanisms for the protection and support of victims
thereof.

Section 4, Article XV of the 1987 Constitution provides:

“It is the duty of the family to care for its elderly members
but the State may also do so through just programs of social
security.”

The foregoing constitutional provision requires the collaborative efforts of
the family and the State in providing care for the elderly, implementing
initiatives to address their concerns, and promoting and protecting their rights.

With the country’s traditional standard of providing care for the elderly by
their respective family and relatives, elder abuse, for many years, remained a
private matter and was an unspoken issue in the society. Elder abuse has
remained under-reported and poorly addressed by public policy. But due to the
growing concern about human rights, gender equality, domestic violence and
population ageing, elder abuse is now being taken more seriously.

There are many cases of elder abuse which are not reported to the
authorities by the victims themselves because they do not know where and
whom to report to or they fear retaliation from the abuser. Or if the perpetrator
is a member of the family or a caregiver, or a person who provides special care
they worry that no one else will take care of them.


As the lead agency for the concerns of the elderly, the Department of
Social Welfare and Development implemented in March 2016 its pilot program
entitled, “Reporting System and Prevention Program for Elder Abuse Cases
(ReSPPEC),” in Regions I, VI, IX and NCR. According to its report on the
activities conducted and the accomplishments of the ReSPPEC Program, it has
already served 38 elder abuse victims as of January 2017 and majority of the
cases involved neglect of the elderly.

This bill seeks to increase awareness on the prevalence of elder abuse
cases; the need to properly report and document these cases; provide guidance
for community service front liners on how to respond to any elder abuse cases;
to whom they can turn for help through the use of procedures and protocols on
reporting and referring suspected and actual cases of elder abuse; and punish
any perpetrator in accordance with law after observance of due process.

This proposed measure recognizes the concerns of the ageing population
in the country with regard to elder abuse as well as the need to promote the
well-being of the elderly. The elderly, who are in the twilight of their lives and
who selflessly contributed to the society during their prime, deserve the support
of the State in preventing and protecting them from abuse.

In view of the foregoing, passage of this bill is earnestly recommended



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

Seventeenth Congress
Second Regular Session

HOUSE BILL No, 68914

Introduced by Representative Milagros Aquino-Magsaysay

AN ACT
PRESCRIBING PENALTIES FOR ELDER ABUSE AND
ESTABLISHING INSTITUTIONAL MECHANISMS FOR THE
PROTECTION AND SUPPORT OF THE VICTIMS THEREOF

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

SECTION |. Short Title. - This Act shall be known as the “E/derly
Protection and Abuse Prevention Act.”

SEC. 2. Declaration of Policy. — \t is hereby declared the policy of the
State to value the dignity of the elderly and guarantee full respect for their
rights against various forms of elder abuse. The State shall also recognize the
need to encourage families, communities, and institutions whose work may
bring them in contact with the elderly to reaffirm the valued Filipino tradition of
caring for the elderly to foster their capacity to attain a healthy, more active,
meaningful and productive ageing in an enabling and supportive environment

Towards this end, the State shall exert efforts to address abuse against the
elderly consistent with the Kuala Lumpur Declaration on Ageing (KLDA)
Empowering Older Persons in ASEAN, Article 3 of the Universal Declaration
of Human Rights (UDHR), United Nations Principles for Older Persons
(UNPOP); and other relevant and universally accepted human rights and

instruments for the elderly, of which the Philippines is a signatory, that promote


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the rights of the elderly and help assure their safety and protect them fully from
any form of elder abuse.

SEC. 3. Definition of Terms. — As used in this Act:

(a) Abandonment refers to a desertion of an elderly by an individual
who has assumed the responsibility to provide care for the elderly, or by a
person with physical custody of the elderly;

(b) Elderly refers to any resident citizen of the Philippines who is at
least sixty (60) years old;

(c) Elder abuse refers to a single or repeated act of lack of appropriate
action, occurring within any relationship, causing harm or distress to an
elderly;

(d) Emotional abuse refers to actions involving defamatory language
to an elderly, verbal assault, harassment, threat of abuse and institutionalization,
enforced social isolation, humiliating statements, false accusation, blackmailing
or threats of intimidation; isolating an elderly from family or friends; and giving
an elderly the silent treatment;

(e) Financial abuse refers to the misuse or exploitation, or withholding
of the resources or property of an elderly by another such as theft, coercion to
deprive an elderly the use of the elderly’s assets; unauthorized selling of
properties; and extortion and control of pension money;

(f) Neglect refers to refusal or failure to fulfill a caregiving obligation
and loss of respect for an elderly, withholding of affection, and lack of interest
in the elderly’s well-being which may be intentional or unintentional

Intentional neglect is when an elderly is abandoned or not provided with
adequate food, clothing, shelter, medical treatment, and leaving an injured
elderly unsupervised, or where the personal needs are not met which include
improper use of medication, poor hygiene or personal care, or the refusal to

allow other people to provide adequate care.


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Unintentional neglect occurs when a caregiver does not have the skills or
knowledge to care for the elderly, may not be aware of the types of support
available, or may be ill and unable to meet the needs of the elderly;

(g) Physical abuse refers to the infliction of physical pain or injury
upon an elderly which can lead to physical injuries ranging from minor
scratches and bruises to broken bones and head injuries leading to disability,
permanent change, long-lasting psychological consequences including anxiety,
depression, or even death; and

(h) Sexual abuse refers to the non-consensual sexual contact of any
kind with the elderly which includes physical acts such as suggestive talk,
forced sexual activity, unwanted intimacy, fondling, and touching in sexual
way.

SEC. 4. Elder Abuse. ~ Elder abuse which can take various forms such
as financial, physical, psychological, emotional and sexual abuse;
abandonment; neglect; and serious loss of dignity and respect is committed
through any of the following acts:

(a) Causing physical harm to the elderly;

(b) Threatening to cause the elderly any form of physical harm;

(c) Attempting to cause the elderly any form of physical harm;

(d) _ Placing the elderly in fear of imminent physical harm; and

(ec) Attempting to compel or compelling the elderly to engage in
conduct which the elderly has the right to desist from or to desist from conduct
which the elderly has the right to engage in, or attempting to restrict or
restricting the freedom of movement or conduct by force or threat of force,
physical or other harm or threat of physical or other harm, or intimidation
directed against the elderly. This includes the following acts committed with
the purpose or effect of controlling or restricting the movement or conduct of

the elderly


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(1) Threatening to deprive or actually depriving the elderly of
the right to a family’s visit or access;

(2) Depriving or threatening to deprive the elderly of financial
support or other forms of financial abuse;

(3) Depriving or threatening to deprive the elderly of a legal
right;

(4) Preventing the elderly to engage in any legitimate

profession, occupation, business or activity or controlling the money or
properties of the elderly except in cases wherein the objection is on valid,
serious and moral grounds;

(f) Causing or attempting to cause the elderly to engage in any sexual
activity which does not constitute rape, by force or threat of force, physical
harm, or through intimidation;

(g) Engaging in purposeful or reckless conduct, personally or through
another that alarms or causes substantial emotional or psychological stress to
the elderly which includes the following:

(1) Entering or remaining in the dwelling or on the property
owned by the elderly;

(2) Destroying the property or personal belongings of the
elderly;

(3) Depriving the elderly of financial resources or the right to
use and enjoy the property owned; and

(h) Causing mental or emotional anguish, public ridicule or
humiliation to the elderly including repeated verbal and emotional abuse.

SEC. 5. Penalties. — Any person who commits any of the acts
constituting elder abuse as provided under Section 4 of this Act shall be
punished, as follows:

(a) In accordance with the Revised Penal Code for acts falling under
Section 4 (a) constituting attempted, frustrated and consummated murder or

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homicide. Likewise, if any person’s commission of these acts resulted in
mutilation, the perpetrator shall be punished in accordance with the Revised
Penal Code

(b) Imprisonment of not less than six (6) years but not more than
twelve (12) years for acts falling under Section 4 (a) constituting serious
physical injuries and those acts falling under Section 4 (f) to 4 (h).

(c) Imprisonment of not less than six (6) months but not more than six
(6) years for acts falling under Section 4 (a) constituting less serious physical
injuries and those acts falling under Section 4 (e).

(d) Imprisonment of one (1) month but not more than six (6) months
for acts falling under Section 4 (a) constituting slight physical injuries and those
acts falling under Sections 4 (b) to 4 (d).

In addition to imprisonment, a person found guilty of committing elder
abuse shall pay a fine in the amount of not less than One hundred thousand
pesos (P100,000.00) but not more than Three hundred thousand pesos
(P300,000.00) and shall undergo mandatory psychological counseling or
psychiatric treatment and shall report compliance to the court.

SEC. 6. Public Crime. — Elder abuse shall be considered a public offense
which may be prosecuted upon the filing of a complaint by the victim or any
citizen having personal knowledge of the circumstances involving the
commission of the crime.

SEC. 7. Who May File a Complaint. — A complaint for elder abuse may
be filed by any of the following:

(a) The offended elderly;

(b)  Ascendants, descendants or collateral relatives within the fourth
civil degree of consanguinity or affinity of the offended elderly;

(c) Officers or social workers of the Department of Social Welfare and
Development or social workers of local government units (LGUs);

(d) Police officers;


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(ec)  Punong barangay or barangay kagawad; or

(f) Lawyer, counselor, therapist or healthcare provider of the elderly.

Those enumerated under subsections (b) to (f) must have personal
knowledge of the offense committed while the punong barangay or barangay
kagawad must be officials of the barangay where the offense being complained
of was committed.

SEC. 8. Immunity. — Any person or private individual acting in
accordance with law, who reports or intervenes without using violence or
restraint greater than necessary to ensure the safety of the victim of elder abuse,
shall not be liable for any criminal, civil, or administrative case resulting
therefrom.

SEC. 9. Confidentiality. — All records pertaining to cases of elder abuse
including those in the barangay shall be confidential and all public officers and
employees of public or private clinics or hospitals shall respect the right to
privacy of the victim. Whoever publishes or causes to be published, in any
format, the name, address, telephone number, school, business address,
employer, or other identifying information of a victim or an immediate family
member, without the consent of the victim or the immediate family member,
shall be liable to the contempt power of the court:

Any person who violates this provision on confidentiality shall suffer the
penalty of imprisonment of six (6) months and one (1) day to two (2) years or a
fine of not less than One hundred thousand pesos (P100,000.00) but not more
than Five hundred thousand pesos (P500,000.00), or both, at the discretion of
the court

SEC. 10. Duties of Government Agencies. — The government shall
establish and implement preventive, protective and rehabilitative programs for
victims of elder abuse. For this purpose, the following agencies shall
implement the following

(a) Department of Social Welfare and Development (DSWD)


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(1) Strengthen the operation and maintenance of the senior
citizen centers in all cities and municipalities under its supervision in
coordination with the local government units (LGUs) to cater to the
socialization needs of the elderly as well as other valuable activities of the
elderly;

(2) Ensure the gender responsiveness of its programs and
projects to eliminate or prevent elder abuse;

(3) Spearhead the reporting system for elder abuse by
formulating and implementing a community-based reporting system aimed
at strengthening partnership and networks between and among the elderly
sector, stakeholders and partners to ensure holistic and efficient delivery of
services to respond to elder abuse cases;

(4) Formulate the procedures and protocols to formally report,
refer, document and monitor incidents of elder abuse at the community
level;

(5) Initiate an information campaign on understanding elder
abuse, how to detect elder abuse, how to utilize proper procedures and
protocols of reporting and referring suspected and actual cases of elder
abuse and how to determine appropriate intervention for both the victims
and the perpetrators or abusers;

(6) Conduct series of consultation dialogues with partners,
representatives of the elderly sector, and non-government organizations
(NGOs) for the purpose of implementing programs and services for the

elderly, linking effectively the burdened elderly to existing support

services such as access to day care facilities, and other institutions as
havens for those who are not safe in their own family;
(7) Implement a program for values formation and rehabilitation

of perpetrators to stop the cycle of elder abuse; and


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(8) Formulate intergenerational services for those wanting
temporary respite from rearing responsibilities and provision of
corresponding livelihood and capital assistance for those who are still
supporting their grandchildren.

(b) Department of the Interior and Local Government (DILG)

() Provide technical assistance to LGUs on operating a
reporting or responding system on elder abuse;

(2) Provide resource persons during orientations and trainings
related to the systems that LGUs implement to protect the elderly against
different forms of abuse; and

(3) Utilize its trainings and education arms such as the Local
Government Academy as well as the Philippine Public Safety College for
the continuity of their trainings and capacity building on countering elder
abuse:

(b) Department of Health (DOH)

(dd) Provide health services to victims of elder abuse as well as
medical-psychological assistance to suspected abusers especially to those
who are assessed to be in need of psychological intervention;

(2) Act as or provide resource persons during orientations and
trainings related to proper care of the elderly and in coping with their
needs; and

G3) Provide capacity building orientations to healthcare
providers and other individuals who provide health support to the elderly
on the prevention, detection and management of psycho-social problems
and other geriatric concerns of the elderly, especially on handling elder
abuse.

(d) Commission on Higher Education (CHED)


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(dd) Integrate gender and development perspective, including the
core messages on the prevention and elimination of elder abuse in school
curricula and its accreditation system; and

(2) Encourage state colleges, universities and private institutions
to conduct capacity building initiatives for administrators, professors and
school personnel to detect, protect, prevent and eliminate elder abuse.

(e) Department of Education (DepEd)

() Conduct trainings for teachers to help them teach their
students on how to treat with respect and dignity the elderly and more
particularly those who are victim-survivors of elder abuse;

Q) Conduct gender sensitivity trainings and seminars on the
prevention and elimination of elder abuse; and

(3) Establish school-based intervention programs for prevention
and elimination of elder abuse.

(f) — Commission on Human Rights (CHR)

(dl) Ensure the integration of the core messages against elder
abuse in its programs and projects including in the Barangay Human
Rights Action Center;

(2) Conduct trainings in gender sensitivity relating to addressing
elder abuse for all sectors including the police, military and other members
of investigating agencies;

@) Develop gender responsive procedures in handling elder
abuse cases including the preparation of applications for protection orders;

(4) Develop, produce and disseminate information and
education materials on gender sensitivity;

(5) Provide legal assistance on victims of elder abuse and other
assistance under the human rights protection services including assistance

in applying for barangay protection order and protection orders in court;


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(6) Investigate and recommend for prosecution violations of this
Act;

(7) Monitor government compliance with international human
rights treaty obligations related to the protection, prevention and
elimination of elder abuse, particularly the provisions of the Kuala
Lumpur Declaration on Ageing (KLDA): Empowering Older Persons in
ASEAN, Article 3 of the Universal Declaration of Human Rights
(UDHR), Article 6 of the International Covenant on Civil and Political
Rights (ICCPR), United Nations Principles for Older Persons (UNPOP)
and other international human rights and instruments for the elderly of
which the Philippines is a signatory
(g) Philippine National Police (PNP)

(dd) Develop and implement a nationwide community-based
crime detection, protection and prevention program dealing with issues on
elder abuse;

Q) Ensure the gender-responsiveness of the PNP’s procedures
and protocols in handling elder abuse cases;

(3) Establish an education and training program for police
officers to properly handle cases of elder abuse:

(4) Collaborate closely with the other government agencies
including barangay officials, NGOs, church and civil organizations in
preventing and eliminating elder abuse; and

(5) Formulate and provide regular issuances on institutional
policies relevant to strengthening the law enforcement responses to cases
as well as the PNP’s development as gender-sensitive law enforcement
institution

(h) National Bureau of Investigation (NBL)


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() Formulate plans and programs for the detection, protection

and prevention of elder abuse including the arrest and prosecution of

offenders;

Q) Adopt procedures and protocols in handling elder abuse
cases;

(3) Provide one-stop shop for all the needed legal and medical

services for victim-survivors of elder abuse in all its city, provincial and
regional centers;

(4) Conduct regular inspection in setting-up one-stop facilities to
ensure that procedures, protocols, and NBI personnel, are gender-sensitive
and gender-supportive;

(5) Conduct trainings that will raise gender-sensitivity among its
agents or investigators and other personnel; and

(6) Coordinate closely with other government agencies for the
effective detection and investigation of suspected perpetrators of elder
abuse
(i) Philippine Information Agency (PIA)

(1) Coordinate closely with government agencies and other
stakeholders on public information campaigns on the detection, prevention
and elimination of elder abuse;

(2) Develop procedures and protocols in handling elder abuse
cases taking into consideration the privacy of the victim-survivors; and

(3) Enhance public awareness on elder abuse, pertinent laws and
possible doable actions to prevent victimization and re-victimization of the
elderly through the implementation of public advocacy programs including
the printing and distribution of information materials in vernacular form

SEC. 11. Reporting System for Elder Abuse. ~ The DSWD, DILG, and

DOH shall jointly formulate and implement a community-based reporting

system for elder abuse with the following objectives

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(a) Strengthen partnership and networks between and among the
elderly sector, stakeholders and partners to ensure holistic and efficient delivery
of services to respond to elder abuse cases;

(b) Develop a holistic system that puts into place mechanisms
necessary procedures and protocols to report, investigate, intervene, document,
monitor and provide follow-up services to victim-survivors of elder abuse in the
community;

(c) Involve case management including assessing of problems and
needs of victims of elder abuse, planning and implement interventions, referral,
monitoring and evaluating their progress towards successful recovery and
rehabilitation with their family and community; and

(d) Capacitate barangay officials, senior citizens’ organizations, law
enforcement officers, health care providers and other professionals on how to
recognize and respond to elder abuse, support outreach and education
campaigns to increase public awareness to prevent it.

SEC. 12. Protective Committee for the Elderly. A Protective
Committee for the Elderly shall be established in every barangay and is tasked
to manage reported cases of elder abuse at the barangay level. It shall be
composed of the punong barangay, president of the barangay senior citizens
association, chairperson of the barangay’s Committee on Social Services and
Peace and Order, and the Elderly Help Desk officer.

The Protective Committee for the Elderly shall:

(dl) Spearhead the investigation, assessment, management and
documentation of any detected or reported case of elder abuse;

(2) Implement fully the reporting system for elder abuse cases in the
barangay;

(3) Launch an awareness campaign;

(4) Help people understand the symptoms of elder abuse;

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(5) Study and disseminate best practices for incorporating elder abuse
session screening into senior development service programs and barangay plans
on ageing;

(6) Determine the validity of any reported elder abuse case and the
need for protective services;

(7) Assist the case manager or social worker in managing reported
cases of elder abuse at the local level; and

(8) Make a report to the proper authorities such as the PNP, NBI and
DOJ.

SEC. 13. Elder Abuse Help Desk. — There shall be established an Elder
Abuse Help Desk in every barangay. The Elder Abuse Help Desk shall be
responsible for the following

(a) Accept complaints and issues of a victim-survivor or other
reporting party on elder abuse;

(b) Record the number of gender-based violence in the elder abuse
database system handled by the barangay and submit a quarterly report on all
cases of elder abuse to the DILG city or municipal field office and the city or
municipal social welfare development office;

(c) Keep elder abuse case records confidential and secured, and ensure
that only authorized personnel may access them;

(d) Coordinate with and refer cases to the Protective Committee for the
Elderly, government agencies, NGOs, institutions, and other service providers
as necessary;

(e) Develop and disseminate various education, information and
campaign materials pertaining to the rights of the elderly;

(0) Establish or maintain a hotline for the reporting of elder abuse and
other complaints on the rights of the elderly;

(g) Follow up and monitor the development of reported cases; and

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(h) Perform other functions as may be assigned by the punong
barangay.

SEC. 14. Mandatory Services to Victims. — To ensure recovery,
rehabilitation and reintegration into the mainstream of society, the DSWD,
DOH, DOJ and other concerned government agencies shall make available the
following services to victims of elder abuse:

(a) Emergency shelter or appropriate housing;

(b) Counselling;

(c) Free legal services which include information about the victims’
rights and the procedure for filing complaints, claiming compensation and such
other legal remedies available to them, in a language understood by the victims:

(d) Medical or psychological services; and

(e) Livelihood and skills training

SEC. 15. Counselling and Treatment of Perpetrators. - The DSWD
shall provide rehabilitative counseling and treatment of perpetrators towards
learning constructive ways of coping with their anger, emotional outbursts, or
stress and reforming their ways.

SEC. 16. Reporting Requirements. — The Secretaries of Social Welfare
and Development, Interior and Local Government, Health, and Justice shall
jointly submit to the President and the Congress of the Philippines an annual
report detailing the protection, prevention and enforcement actions relative to
the implementation of this Act.

SEC. 17. Appropriations. — The amount necessary to implement the
provisions of this Act shall be included in the annual General Appropriations
Act

‘The Gender and Development budgets of the concerned agencies shall be
used to implement services for victims of elder abuse.

SEC. 18. Bar to Another Prosecution.— When a person has been
prosecuted under a provision of this Act, upon a valid complaint or information

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or other formal charge sufficient in form and substance to sustain a conviction
and after the accused had pleaded to the charge, the acquittal of the accused or
the dismissal of the case shall be a bar to another prosecution for any offense or
felony, under the Revised Penal Code or any special penal laws, which is
necessarily included in the offense charged under this Act.

SEC. 19. Implementing Rules and Regulations. — Within ninety (90)
days from the approval of this Act, the Secretary of Social Welfare and
Development shall, in coordination with the Secretaries of the Interior and
Local Government, Health, and Justice promulgate the necessary rules and
regulations for the effective implementation of this Act.

SEC. 20. Effectivity. — This Act shall take effect fifteen (15) days after

its publication in the Official Gazette or in a newspaper of general circulation

Approved,

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