Republic of the Philippines
HOUSEOF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILLNO. 488

INTRODUCED BY HONORABLE CHERYL P. DELOSO-MONTALLA

EXPLANATORY NOTE

The Constitution, Article 2, Section 11 provides that The State values the dignity of every
human person and guarantees full respect for human rights. In addition, Article 15, Section 4
provides that the family has the duty to care for its elderly members but the state may also do so
through just programs of social security.

The Penal Code is replete with provisions penalizing abandonment of children and other
persons in danger. Articles 275 to 378 of the Penal Code punish various forms of abandonment
or neglect. However, there is no punishment for abandoning or neglecting elderly people and
people with disability,

While Republic Act No. 9994, also known as the Expanded Senior Citizens Act of 2010,
and Republic Act No. 7277, also known as the Magna Carta for Disabled Persons, were enacted
to “recognize the rights of senior citizens” and to “give full support to the improvement of the total
well-being of disabled persons”, respectively, both laws failed to address causes of neglect of the
elderly and persons with disabilities.

Our country is known for caring for our elders and our family members who have
disabilities. However, there are still reported cases of neglect and abandonment of vulnerable
elderly persons and persons with disabilities. Admittedly, the government has very limited
resources to provide for each and every vulnerable elderly person and person with disability. It
still must rely primarily on these persons' family members

Therefore, in order to protect this vulnerable sector of our society, this bill aims to penalize
neglect of vulnerable elderly persons and persons with disabilities.

It is in this light that this bill is being filed and immediate passage of this bill is eamestly
sought.

cup P. DELOSO-MONTALLA.
Refresentative

2”! District, Zambales


Republic of the Philippines
HOUSEOF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL 488

INTRODUCED BY HONORABLE CHERYL P. DELOSO-MONTALLA

AN ACT
DEFINING AND PENALIZING THE CRIME OF CRIMINAL NEGLECT OF A
VULNERABLE ELDERLY PERSON OR A PERSON WITH DISABILITY

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

SECTION 1. Title. - This Act shall be known as “Care for the Elderly and the Disabled
Act”.

SECTION 2. Declaration of Policy. - The State values the dignity of every person and
guarantees full respect for human rights. To this end, the State will penalize the neglect of a
vulnerable elderly person.

SECTION 3. Definition of Terms. - For the purposes of this Act, the following terms
shall mean:

(1) “Abandon” means to desert a vulnerable elderly person with intent to wholly abandon
him or her;

(2) “Caregiver” means a person who provides for the health, welfare, and personal care
of a vulnerable elderly person or a person with a disability, at such person's place of residence,
including but not limited to, food and nutrition, shelter, hygiene, prescribed medication and
medical care or treatment. The term caregiver shall include:

(a) a parent, spouse, adult, child or other relative by blood or marriage who resides with
or resides in the same building with and who regularly visits the vulnerable elderly
person or the person with a disability, and who knows or reasonably should know that
such person is unable to adequately provide for his or her own health and personal care;

(b) a person employed by the vulnerable elderly person or a person with a disability or by
another to reside with or regularly visit the vulnerable elderly person or the person with
a disability and provide for such person's health and personal care;

(c) a person who has agreed for consideration to reside with or regularly visit the
vulnerable elderly person or the person with a disability and provide for such person's
health and personal care;

(d) a person who has been appointed by a private or public agency or by a court of
competent jurisdiction to provide for the health and personal care of the vulnerable
elderly person or the person with a disability; and

(e) a person who holds a power of attorney or other legal or fiduciary relationship that


requires such person to provide for the health and personal care of the vulnerable
elderly person or the person with a disability.

The term caregiver shall not include a long-term health care facility licensed or certified
under the provisions of public health laws or any administrative, medical or other personnel of
such a facility, or a health care provider who is licensed under the law and renders care in the
ordinary course of his or her profession.

(3) “Person with a disability” refers to any person who is suffering from restriction of
different abilities, as a result of a mental, physical or sensory impairment, to perform an activity in
the manner or within the range considered normal for a human being.

(4) “Vulnerable elderly person” refers to any resident of the Philippines at least sixty
(60) years old who is suffering from a disease or infirmity associated with advanced age.

SECTION 4. Criminal Neglect of a Vulnerable Elderly Person or a Person with a
Disability. - A person is guilty of criminal neglect of a vulnerable elderly person or a person with
a disability when he or she is a caregiver and:

(1) knowingly acts in a manner likely to cause the vulnerable elderly person or the person
with a disability's life to be endangered, health to be injured, or pre-existing physical or mental
condition to deteriorate; or

(2). fails to perform acts which he or she knows or reasonably should know are necessary
to maintain or preserve the life or health of the vulnerable elderly person or the person with a
disability and such failure causes said person's life to be endangered, health to be injured or pre-
existing physical or mental condition to deteriorate; or

(3) abandons the vulnerable elderly person or the person with a disability

SECTION 5. Exceptions. - No provision of this Act shall be deemed to impose criminal
liability upon any person who has made a good faith effort to provide for the health and personal
care of the vulnerable elderly person or the person with a disability but through no fault of his
or her own has been unable to provide such care. In addition, no provision of this Act shall be
construed as prohibiting a person from providing treatment by spiritual means through prayer
alone and care consistent therewith in lieu of medical care and treatment in accordance with the
tenets and practices of any church or religious denomination of which the vulnerable elderly
person or the person with a disability is a member.

SECTION 6. Penalty. - Any person found guilty of violating any provision this Act
shall be punished by imprisonment of not less than one (1) year but not exceeding five (5) years
and a fine not less than Ten Thousand Pesos (P 10,000.00) but not exceeding One Hundred
‘Thousand Pesos (P100,000.00).

SECTION 7. Other Remedies. - No provision of this Act shall be construed to limit the
remedies available to the vulnerable elderly person or the person with a disability under any
other provision of law.

SECTION 8. Separability Clause. — If any section, provision or part of this Act shall be
declared unconstitutional, the remaining portion thereof shall remain valid and in full force and
effect.

SECTION 9. Repealing Clause. - All other laws, decrees, executive orders and
issuances, resolutions, revenue regulations, ordinances or circulars inconsistent with the
provisions of this Act are hereby repealed or modified accordingly or declared null and void and
inoperative.


SECTION 10. Effectivity. - This Act shall take effect fifteen (15) days after its publication
in the Official Gazette or at least in two (2) newspapers of general circulation.

Approved,