Fifteenth Congress
First Regular Session

HOUSE BILLNO._29239

Introduced by Rep. Godofredo V. Arquiza and Rep. David L. Kho

EXPLANATORY NOTE

Elder abuse is a term used to describe types of harm done to senior
citizens. This term is synonymous with “elder mistreatment”, “senior
abuse’, “abuse of older adults”, “abuse of older women”, and “abuse of older

men”.

Abuse of elderly refers to single or repeated act, or lack of appropriate
action, occurring within any relationship where there is an expectation of
trust which causes harm or distress to an older person. Thus, these are to
older people by people whom they know or with whom they have
relationship, such as spouse, partner or family member, a friend or
neighbor, or people that a senior citizen relies on for services.

As elders become more physically frail, they're less able to stand up to
bullying and or fight back if attacked. They may not see or hear as well or
think as clearly as they used to, leaving openings for unscrupulous people
to take advantage of them. Mental or physical ailments may make them
more trying companions for the people who live with them.

Elder abuse tends to take place where the senior lives: most often in the
home where abusers are apt to be adult children; other family members
such as grandchildren; or spouses/partners of elders. Institutional settings
especially long-term care facilities can also be sources of elder abuse.

This bill seeks to institute protection and care for victims of elderly
abuse and to ensure their total well-being.

GODQFREDO V. ARQUIZA

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Fifteenth Congress
First Regular Session

HOUSE BILL NO._2929

Introduced by Rep. Godofredo V. Arquiza and Rep. David L. Kho

AN ACT DEFINING ELDER ABUSE, PRESCRIBING PENALTIES
THEREFORE, AND FOR OTHER PURPOSES

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

SECTION 1. Short Title.- This Act shall be known as the "Anti-Elderly
Abuse Act of 2010".

SECTION 2. Declaration of Policy.- It is hereby declared that the State
values the dignity of elderly and guarantees full respect for human rights.
The State also recognizes the need to protect elderly from abuse and
threats to their personal safety and security.

Towards this end, the State shall exert efforts to address abuse committed
against the elderly 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) Elder.--The term “elder” means an individual age 50 or
older.

(b) Elder abuse.--The term “elder abuse" shall mean a single, or
repeated act, or ck of appropriate action, occurring within
any relationship where there is an expectation of trust
which causes harm or distress to an oKder person.

(c) Elderly individual.—The term “ekerly individual" means an
individual who is age 50 or oker.


SECTION 4. Acts of Elderly Abuse.- Elderly Abuse is committed through
any of the following acts:

(a) Psychological / Emotional Abuse - shouting, swearing,
frightening or humiliating a person and may take verbal
forms such as name-calling, ridiculing,constantly critizicing,
accusations, blaming, and general disrespect, or non verbal
forms such as ignoring, silence or shunning;

(b) Financial abuse - also known as financial exploitation
such as illegal or unauthorized use of a person’s property,
money, pension book or other valuables (including
changing the person’s will to name the abuser as heir). It
may be obtained by deception, coercion, misrepresentation,
or theft. The term includes fraudulently obtaining or use of
a power of attorney, other forms may include deprivation
of money or other property, or by eviction from own home;

(c) Neglect - is the deprivation of food, clothing of comfort,
essential medication, needed services, financial and
otherwise. The deprivation may be intentional (active
neglect) or happen out of lack of knowledge or resources
(passive neglect);

(d) Rights abuse - denying the civil and constitutional rights
of a person who is old, but not declared by court to be
mentally incapacitated;

(e) Abandonment - deserting a dependent person with the
intent to abandon them or leave them unattended at a place
for such a time period as may be likely to endanger their
health or welfare

SECTION 5. Penalties.- Elderly abuse, under Section 4 hereof shall be
punished according to the following rules:

(a)Acts falling under Section 4(a) constituting
psychological/emotional abuse shall undergo mandatory
psychological counseling or psychiatric treatment and shall
report compliance to the court.


(b) Acts falling under Section 4(b) shall be punished by prision
correccional;

(co) Acts falling under Section 4(c), 4(d), and 4(e) shall undergo
mandatory psychological counseling or psychiatric
treatment and shall report compliance to the court.

In addition to imprisonment, the perpetrator shall pay a fine in the
amount of not less than Fifty Thousand Pesos (P50,000.00) but not more
than One Hundred Thousand Pesos (100,000.00)

SECTION 6. Mandatory Programs and Services for Victims of Elderly
Abuse. - The Office of the Soliticitor General (OSG), Department of Social
Welfare and Delvelopment (DSWD), and Local Government Units (LGU's)
shall provide the victims temporary shelters, provide counseling, psycho-
social services and /or recovery, rehabilitation programs and livelihood
assistance. The Department of Health (DOH) shall provide medical
assistance to victims of elderly abuse.

SECTION 7. Counseling and Treatment of Offenders. - The DSWD shall
provide rehabilitative counseling and treatment to perpetrators towards
learning constructive ways of coping with anger and emotional outbursts
and reforming their ways. When necessary, the offender shall be ordered
by the Court to submit to psychiatric treatment or confinement.

SECTION 8. Training of Persons Involved in Responding to Elderly
Abuse Cases. - All agencies involved in responding to elderly abuse cases
shall be required to undergo education and training to acquaint them with:

(a) the nature, extend and causes of elderly abuse;

(b) the legal rights of, and remedies available to, victims of
elderly abuse;

(c) the services and facilities available to victims of abuse;

(d) the legal duties imposed on police officers to make arrest
and to offer protection and assistance; and

(e) techniques for handling incidents of elderly abuse that
promote the safety of the victims of abuse.


The PNP, in coordination with LGU's shall establish an education and
training program for police officers and barangay officials to enable them
to properly handle cases of elderly abuse.

SECTION 9. Confidentiality. - All records pertaining to cases of elderly
abuse including those in the barangay shall be confidential and all public
officers and employees and public or private clinics to 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 latter's consent, shall be liable to
the contempt power of the court.

Any person who violates this provision shall suffer the penalty of six (6)
months imprisonment and a fine of not more than Fifty Thousand Pesos
(P50,000.00).

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 OSG, DOJ, , the DSWD, the DILG,
the DOH, and the PNP, and three (3) representatives from NGOs to be
identified by the OSG, shall promulgate the Implementing Rules and
Regulations (IRR) of this Act.

SECTION 12. 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 13. 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 14. Effectivity - 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,

GOD@FREDO V. ARQUIZA