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Republic of the Philippines iS RECEIVED ~
House of Representatives Sane 20 AUG 2005
rezon City + TIME_S-2CPmy
20% Congress e

First Regular Session

House Bill No. 3932

Introduced by Representative Reynante U. Arrogancia

EXPLANATORY NOTE

Article XV, Section 4 of the 1987 Constitution provides that the family has the duty to
care for its Senior Citizen members but the State may also do so through just programs
of social security. Filipinos are by nature respectful and caring of our Senior Citizens.
However, occurrences of mistreatment and abuse directed towards the Senior Citizen
have happened and continue to happen. This bill seeks to explicitly address violence
against older persons in the country. A law that focuses on the abuse of older
individuals will increase awareness and address this rapidly growing but rarely
discussed issue on the violence and mistreatment of older individuals.

The World Health Organization has defined abuse of older people or Senior Citizen
abuse as a 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.! Mistreatment against older individuals could result in physical
wounds, psychological harm, financial loss, and early death.

The abuse can occur in the older person’s home, community or institutional facility.
A 2027 review of studies in 28 countries has estimated that 1 in 6 people (15.7%) aged
60 years and older were subjected to a form of abuse.? There is also a review on abuse
of older people in institutional settings that 64.2% of staff reported perpetrating some
form of abuse. >

Older persons have the right to respect, dignity, and to live their lives in harmony,
hence passage of this bill is earnestly sought.

E U. ARROGANCIA
34 Disfrict of Quezon

REYN)

" tps:// www. who.int/news-room /factsheets/ detail/abuse-of-older-people
> ibid

* ibid


Republic of the Philippines
House of Representatives
Quezon City

20t Congress
First Regular Session

House Bill No. 3932

Introduced by Representative Reynante U. Arrogancia

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

AN ACT
DEFINING SENIOR CITIZEN ABUSE AND PROVIDING PENALTIES
THEREFOR

Section 1. Short Title. This Act shall be known as the “ Anti- Senior Citizen Abuse
Law of 2025”.

Section 2. Declaration of Policy. - It is the policy of the state to value the dignity of
every human and adopt an integrated and comprehensive approach to health
development, making essential goods and social services available especially to
vulnerable such as the Senior Citizen. Towards this end, the State shall actively
eliminate all forms abuse and adopt a program for the prevention and protection
against the Senior Citizen.

Section 3. Definition of Terms. For the purpose of this Act, these terms are defined
as follows:

a. Discrimination - refers to any distinction, exclusion, restriction, or preference
which is based on any ground such as sex, sexual orientation, gender identity,
whether actual or perceived, and which has the purpose or effect of nullifying
or impairing the recognition, enjoyment, or exercise by all s of an equal footing
ofall rights and freedoms.

b. Senior Citizen - refers to any Filipino citizen who is a resident of the
Philippines, and who is sixty (60) years old or above. It may apply to senior
citizens with dual citizenship status, provided, they prove their Filipino
citizenship and have at least six (6) months residency in the Philippines.

. Senior Citizen Abuse - refers to an intentional or neglectful act or repeated act,
occurring within any relationship where there is an expectation of trust,
including in healthcare settings, which causes or will cause harm or distress to


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the Senior Citizen. The abuse may be physical, scxual, psychological abuse;
financial and material abuse; and neglect.

d. Financial or Material Abuse - refers to the illegal or improper exploitation or
use of funds or resources of the Senior Citizen that applies to acts that make
Senior Citizen financially dependent and/or threatened to deprive or deprived
of financial resources such as withdrawal of financial support including
fraudulently controlling the Senior Citizen’s own money or properties.

e. Neglect - refers to refusal or failure to fulfill a care giver’s responsibilities to
respond to the Senior Citizen’s needs and willfully depriving the Senior Citizen
of their basic physical needs and access to health care. Neglect may occur in
the Safe Place or Shelter as defined in this Act.

Physical Abuse ~ refers to a deliberate aggressive or violent behavior against
Senior Citizen that results in bodily injury. Physical abuse may include but is
not limited to such acts of violence as striking with or without an object, hitting,
beating, pushing, shoving, shaking, slapping, kicking, pinching, and burning.
In addition, inappropriate use of drugs and physical restraints, force-feeding,
and physical punishment of are also examples of physical abuse.

g. Psychological Abuse - refers to behavior intended to undermine a senior
citizen's well-being or self-esteem resulting in psychological or emotional
distress. Psychological abuse includes verbal assaults, public ridicule,
harassment, social isolation, threats, bullying and cyberbullying.

h. Safe Place or Shelter - refers to the homes/shelters for the Senior Citizen
managed by the Local Government Units (LGUs), Department of Social
Welfare and Development (DSWD), National Commission of Senior Citizens
(NCSC), Non-Government Organizations, and/ or private institutions.

i, Sexual abuse ~ refers to any non-consensual contact with Senior Citizen which
are sexual in nature such as but not limited to sexual harassment, acts of
lasciviousness, rape and/or sexual assault. Sexual contact with a Senior Citizen
incapable of giving consent is also considered sexual abuse. It includes, but is
not limited to, unwanted touching, all types of sexual assault or battery such as
rape, sodomy, coerced nudity, and capturing sexually explicit acts in
photographs and video.

Section 4. Prohibited Acts Constituting Senior Citizen Abuse. ~ Senior Citizen Abuse
is committed through any of the following acts:

a. Whena person intentionally commits physical abuse against the Senior Citizen,
with knowledge that the victim is a Senior Citizen person, and the physical
abuse caused illness, physical incapacity or bodily injury on the victim;

b. When a person intentionally commits sexual abuse against the Senior Citizen;


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c. Whena person intentionally commits against the Senior Citizen psychological,
mental or emotional abuse causing mental or emotional suffering or distress;

d. When a person responsible for the care of a vulnerable Senior Citizen
intentionally neglects the victim by withholding essential food, medicines or
access to medical care, assistances to perform daily living tasks when in any of
these instances the Senior Citizen can no longer perform the aforementioned
acts themselves;

e. When a person intentionally commits financial or material abuse against the
Senior Citizen through illegal or improper use of the victim’s funds or
resources that results in the financial dependency and incapacity or destitution
of the victim.

Section 5. Penalties. The crime of Senior Citizen Abuse shall be punished according,
to the following rules:
a. Acts falling under Section 4 (a) and (b) shall be punished in accordance with
the penalties provided under the Revised Penal Code;
b. Acts falling under Section 4 (c) and (d) shalll be punishable by prisién correccional
in its minimum and medium periods or a fine, or both;
c. Acts falling under Section 4 (e) shall be prisién correccional in its minimum and
medium periods or the penalty of actual, exemplary and moral damages, or
both.

The penalty provided herein shall be in its maximum period if:

a. The offender-perpetrator has been previously convicted under this Act;

b. The offender is a relative of up to the 2 degree of affinity or consanguinity of
the victim;

c. The offender is an employee or owner of a Safe Place or Shelter;

‘The above-mentioned penalties shall not preclude the filing of the appropriate civil
action or administrative cases including the suspension or revocation of
accreditation or license to operate a Safe Place or Shelter.

Section 6. Enforcement and Protocols

a. Public Crime - Senior Citizen abuse shall be considered a public crime which
may be prosecuted upon the filing of a complaint by any citizen having
personal knowledge of the circumstances involving the commission of the
crime;

b. Barangay officials or law enforcers shall respond immediately to a call for help
or request for assistance by entering the dwelling, checking on the well-being
of the victim, and ensuring the safety of the victim-survivor; As immediate
responders, they must also transport or escort the victim, to a safe place of their
choice or to a clinic or hospital, if and when necessary;


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c. Immunity - any person acting in accordance with law, responds or intervenes
without using violence or restraint greater than necessary to ensure the safety
of the victim, shall not be liable for any criminal, civil, or administrative case
resulting therefrom.

d. Prohibited acts by government officials. - Any government official or court
officials acting on the application for a Protection Order for an abused Senior
Citizen woman according to RA 9262 or VAWC Act, shall not order, direct,
force, or in any way influence the applicant or the application to enter into a
compromise or abandon any of the reliefs sought under RA 9262 and in
accordance with this Act.

. The NCSC, DSWD and Department of Health (DOH) shall require physicians,
caregivers, or social workers who suspect ill treatment of senior citizens to
discuss the concern with the family or the head of the nursing home or Senior
Citizen facility. In case the ill-treatment is confirmed, or in the event of
suspicious death, the same shall be reported to the appropriate authorities. The
mandatory report should be strictly confidential and should not be a
prerequisite for the filing of a cause of action under this Act.

£, Confidentiality - all cases pertaining to Senior Citizen abuse including those at
the barangay level shall be confidential, and all public officers and employees
of public or private hospitals/clinics shall respect the right to privacy of the
victim-survivor. Any person who shall make public and relevant or identifying
information about the case or the victim shall be liable for contempt of court
and shall suffer the penalty of one year imprisonment and a fine of P500,000.00.

Section 7, Establishment of a Senior Citizens Help Desk. - Every barangay shall
establish a Senior Citizens Help Desk which shall provide immediate assistance to
victim survivors of Senior Citizen abuse. Besides barangay officials, it may be
manned by duly accredited representatives of the senior citizens sector or from the
membership of a local Senior Citizen organization designated and authorized by
the Barangay Council.

Section 8. Rights of the Victims. Victims of Senior Citizen Abuse shall have the

following rights:

a. To be treated with respect, dignity and confidentiality;

b. To avail of legal assistance from the Public Attorney's Office (PAO);

c. Tobe entitled to support services from the NCSC and other concerned agencies
and LGUs;

d. Tobe informed of their rights and available services including protection order.

Section 9, Mandatory Programs and Services for Victims of Senior Citizen Abuse
- The NCSC, as the lead agency and other relevant agencies shall provide the


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victims temporary shelter, counseling, psycho-social services and/or recovery,
rehabilitation and financial assistance.

The Office of the Senior Citizens Affairs (OSCA) shalll include services addressing
gender-based violence as well as Senior Citizen abuse. All suspected cases of
abuse and/or neglect of senior citizens must be reported in accordance with
existing laws. The OSCA, in coordination with the Local Social Welfare and
Development and Officer (LSWDO), shall maintain a Senior Citizen Abuse
documentation and case monitoring system, and set up a databank to keep an
accurate and reliable record of instances of abuse and violence committed against
the Senior Citizen.

Section 10. Trainings and Capacity-Building for Intervenors. - All government
agencies involved in responding to Senior Citizen Abuse cases shall be required to
undergo education and training, to be conducted by the NCSC on the following:
a. The nature, extent, causes, and risk factors of Senior Citizen Abuse;

b. The legal rights and remedies of victims of Senior Citizen Abuse;

c. Legal duties of barangay officials, LGU personnel, police officers, court
authorities, and other persons offering assistance and protection to victims of
Senior Citizen Abuse;

d. Available services and facilities for victims of Senior Citizen Abuse; and

. Methods in handling Senior Citizen Abuse cases to minimize injury, protect the
privacy, promote the safety, and ensure the well-being of the victim.

The Department of Health (DOH), in partnership with relevant public and
private institutions, shall provide capacity building training on the prevention,
detection, and management of psycho-social problems and other geriatric
concerns of Senior Citizens, such as dementia and Alzheimer’s Disease, among,
healthcare providers, home caregivers, and staff and employees of nursing
homes and/or elderly residential facilities, specifically on handling Senior
Citizen Abuse.

Section 11. Funding. The amount necessary to carry out the provisions of this Act
shall be included in the General Appropriations Act (GAA).

Section 12. Implementing Rules and Regulations. Within six (6) months from the
approval of this Act, the NCSC, in coordination with DSWD, DOJ, DOH, DILG
and the Philippine National Police (PNP), and in consultation with concerned
stakeholders, shall promulgate the implementing rules and regulations for the
effective implementation of this Act.

Section 13. Suppletory Application. The Revised Penal Code and other applicable
laws shall have suppletory application in the implementation of this Act.

Section 14. Separability Clause. If any portion or provision of this Act is
subsequently declared invalid or unconstitutional, other provisions hereof which
are not affected thereby shall remain in full force and effect.


2u Section 15. Repealing Clause. Allother laws, acts, presidential decrees, executive

212 orders, presidential proclamations, issuances, rules and regulations, or parts
213 thereof which are contrary to or inconsistent with any of the provisions of this Act
24 are hereby repealed, amended, or modified accordingly.

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216 Section 16. Effectivity. This Act shall take effect fifteen (15) days after its
217 publication in the Official Gazette or in a newspaper of general circulation.

218

Approved.