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

TWENTIETH CONGRESS:
First Regular Session

HOUSE BILL NO. 184

INTRODUCED BY REPRESENTATIVE MILAGROS AQUINO —- MAGSAYSAY

AN ACT PROTECTING SENIOR CITIZENS FROM ABUSE,
DEFINING SENIOR CITIZEN ABUSE, AND PRESCRIBING PENALTIES THEREOF

EXPLANATORY NOTE

This bill seeks to protect our senior citizens from abuse, defining different types of abuse
of senior citizens, and prescribing penalties thereof. This proposed measure recognizes the
concerns of the senior citizen population in the country with regards abuse committed against
senior citizens, and the need to protect the well-being of the senior citizens who are in the twilight
of their lives and who have selflessly contributed to the society during their prime.

For many years, elderly abuse was a hidden, unspoken issue in society. Similar to wife-
beating, incest, and child abuse, it was a private problem kept within the confines of the domestic
realm. But as a form of family violence, it has remained under or mis-diagnosed, under-reported,
and poorly addressed by public policy even if it is not uncommon that if one type of abuse is
occurring within a home, other forms of abuse may be (or will soon be) taking place. Meanwhile,
elderly abuse is still often ignored by health professionals. and sadly, most perpetrators of the
abuse are usually one’s own family members.

The purpose of this bill is more than just clearly defining senior citizen abuse as a specific
offense with a corresponding penalty. It seeks to bring to light the special context of elderly or
senior citizen abuse, of the particular “vulnerability” advanced age has and which is taken
advantage of by offender-perpetrators. Like domestic violence or VAWC, elderly abuse may be a
form of family abuse that is both a sensitive and controversial issue. requiring careful intervention
from the State, hence the necessity for rules on immunity and confidentiality. More importantly,
the most significant intervention is the requirement for clear and concrete Affirmative Acts that
will raise public awareness and prevent the incidence of senior citizen abuse.


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



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

TWENTIETH CONGRESS
First Regular Session

House BILL No. _184

INTRODUCED BY REPRESENTATIVE MILAGROS AQUINO - MAGSAYSAY

AN ACT PROTECTING SENIOR CITIZENS FROM ABUSE, DEFINING ABUSE OF
SENIOR CITIZENS, 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-Senior Citizens Abuse Act”.

SECTION 2. Declaration of Policy ~ It is hereby declared as the policy of the State to value the
dignity of senior citizens and thereby guarantee full respect of their human rights. The State also
recognizes the need to protect the family and its members, particularly the senior citizens, from all
forms of abuse, especially acts deleterious to their personal safety and security.

It is imperative that the State shall exert all efforts to address all forms of abuse committed against
senior citizens, especially acts deleterious to their personal safety. security, and dignity. or any
discriminatory act committed against senior citizens in keeping with the fundamental freedoms
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) Senior Citizen — Refers to any resident citizen of the Philippines, at least sixty (60)

years old, as defined under Republic Act (RA) No, 9994, otherwise known as the
“Expanded Senior Citizens Act of 2010”.

b)

Senior Citizen Abuse — Refers to a single or repeated act, or lack of appropriate action,
occurring within a relationship where there is an expectation of trust, which causes
harm or distress to the 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 results


or is likely to result in domestic violence, physical, psychological, emotional. sexual,
financial, institutional, employment, and medical maltreatment abuse.

¢) 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 suitable place that
is willing to accommodate the aggrieved senior citizen.

SECTION 4. Acts of Abuse against a Senior Citizen —

a)

b)

c)

d)

e)

Domestic Abuse — refers to violence committed by someone in the victim’s own household
or domestic circle. This includes partners and ex-partners, immediate family members,
other relatives and family friends. The term domestic abuse is used when there is a close
relationship between the offender and the victim, 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 a romantic or intimate
nature with the victim; or
6) A person similarly situated to a spouse of the victim, or by any other person, if
the domestic or family violence laws of the jurisdiction of the victim provide
for legal protection of the victim.

Physical Abuse — Refers to the infliction of pain or injury with the use of physical force
resulting in bodily injury, physical harm, or impairment.

Psychological Abuse ~ Refers to the regular and deliberate use of a range words and non-
physical actions used with the purpose to manipulate, hurt. weaken, or frighten a person
mentally, and/or distort, confuse, or influence a person’s thoughts and actions within their
everyday lives, changing their sense of self, and harming their well-being.

Emotional Abuse — Refers to a pattern of behavior in which the perpetrator insults,
humiliates, and generally instills fear in an individual in order to control them. It includes
controlling a person’s behavior such as who they spend thcir time with, isolating a person
from family, friends, and acquaintances, extreme jealousy, accusations, and paranoia,
constant criticism, regular ridicule or teasing, making acceptance or care conditional on a
person’s choices, thwarting a person's professional and personal goals.

Sexual Abuse - Refers to a sexual act or behavior or sexual act forced upon a person
without their consent. It includes the following:


1) Sexual assault — a term including all sexual offenses. Any action or statement.
with a sexual nature and done without the consent from (both sides) an unwilling
party.

2) Rape — insertion of a (bodily organ) body part or an object into the sex organ of
a person without consent.

3) Sodomy - insertion of a (bodily organ) body part or an object into a person's
anus or mouth without their consent

4) Gang Rape - A rape carried out by more than one attacker

5) Serial Rape — repeated incidents of rape carried out by the same attacker over
an extended period of time

6) Incest — sexual abuse or assault at the hands of a family member

7) Sexual harassment of a senior citizen consists of the following:

a). Extortion the act the person required to perform is of a sexual nature;

b). An indecent act performed to cause humiliation, stimulation or sexual
satisfaction;

). repeated propositions that are of a sexual nature addressed to a person who
has previously demonstrated to the harasser that are not interested in said
remarks;

d). degrading or humiliating remarks relating to a person’s sex or sexuality,
including their sexual orientation

¢) Publishing a picture, video, or recording of someone without their consent,
with the intention of focusing on their sexuality for the purpose of humiliating
or degrading the person.

1) Propositions or remarks of a sexual nature under the circumstances of
exploiting a working relationship, dependency. and other services, when the
harasser is aware that their target is not interested.

f) Financial Abuse — Refers to a tactic used by abusers to gain power and control in a
relationship. The forms of financial abuse may be subtle or overt, but in general. include
access to assets, or reduce accessibility to the family finances. It includes the following:

1) Taking control of the senior citizen's finances

2) Forcing a senior citizen to claim senior citizen’s benefits for personal use

3) Forcing the senior citizen to be a guarantor on a loan or taking out a loan under
their name

4) Forcing a senior citizen to work in a family business without being paid

5) Forging a senior citizen’s signature on financial documents

6) Selling a senior citizen’s possessions without permission

7) Taking money from a senior citizen’s pension or retirement benefits

8) Misusing an enduring Power of Attorney

9) Forcing a senior citizen to change their Last Will and Testament


2) Institutional Abuse — Refers to the mistreatment of senior citizens typically in their
residential or group home brought about by poor or inadequate care or support, or
systematic poor practices that affects the whole care setting. It includes the following:

1) Lack of flexibility and choice for senior citiven using the services of the
government or private institution

2) Inadequate staffing level

3) Lack of or inadequate care resulting in senior citizens getting hungry and
dehydrated

4) Poor standards of care

5) Lack of personal clothing and possessions, and forced communal use of
personal items

6) Lack of adequate procedures

7) Deprivation of benefits and services of both government and private institutions

h

Employment Abuse ~ refers to the discrimination or unfair treatment in the workplace
because of.a person’ s age, race, color, religion, sex (including sexual orientation and gender
identity) disability, national origin.

Medical/Patient Abuse ~ refers to the harmful treatment rather than proper care for the
senior citizen patient. It includes the following:
1) Rejecting admission to both government and private hospitals due to financial
constraints
2) Withholding proper medication and care
3) Wrongful diagnosis and medical procedures

j) Government and Private Institution Abuse- Refers to the deprivation of social services and
benefits to the senior citizen as mandated by law, such as social pension, senior citizens
discount, priority lane, parking spaces, medical or hospital services, and priority sitting in
public transportation.

kK

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.

Neglect is defined as the refusal or failure to fulfill any part of a person's obligations or
duties to an elder. Neglect may also include failure of a person who has fiduciary
responsibilities to provide care for an elder (e.g., pay for necessary home care services) or
the failure on the part of an in-home service provider to provide necessary care.

Neglect typically means the refusal or failure to provide an elderly person with such life
necessities as food, water, clothing, shelter, personal hygiene, medicine, comfort, personal
safety, and other essentials included in an implied or agreed-upon responsibility to an elder.


SECTION 5. Rights of a Senior Citizen who is a Victim of Violence — During the pendency of
the case involving violence against a senior citizen, in addition to those provided under existing
Jaws, a senior citizen shall have the following rights:

To avail of protection and legal assistance from the Public Attomey’s Office (PAO) of the

Department of Justice (DOJ) or any public legal assistance office;

To be entitled to support services from the DSWD and the | .ocal Government Unit (LGU)

concemed;

©) To be entitled to 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: and

e) To be entitled to actual, compensatory, moral and exemplary damages.

b)

SECTION 6. Mandatory Programs and Services for a Senior Citizen Who is a Victim of
Violence — The DSWD, in coordination with the L‘ 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 services, 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 and
prevent the recurrence of violent acts committed against them.

‘The Department of Health (DOH) shall provide medical assistance to senior citizens 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's dwelling, if necessary, whether or not a protection order has been issued

to ensure the safety of the victim;

Confiscate any harmful object in the possession of the perpetrator, or one which is within

plain view;

c) Transport the victim to the 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 Orders (PO) issued by the Lupong
Tagapamayapa, the Punong Barangay or Barangay Chairman and the court;

f) Arrest the suspected perpetrator even without a warrant when any of the acts of violence
defined in this Act is occurring, or on a personal knowledge, an act of violence has been

db)


committed, and there is imminent danger to the life or limb of the senior citizen as defined
in this Act; and

2) Immediately report the call for assistance for 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 Senior Citizens — All persons involved in
sponding to cases on all forms of abuse, violence, threats to personal safety and security or any
iscriminatory 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, and causes of violence;

b) The legal rights of, and remedies available to vietims 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

jury to the officer and promote the safety of the victim or survivor.

‘The DOH and other concerned institutions shall provide capacity-building 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 older person abuse.

SECTION 10. Mandatory Reporting of Domestic Abuse or Violence against a Senior Citizen

A public officer who receives a complaint for abuse or violence committed against a senior
citizen or the head of a public or private hospital, medical clinic or similar institution, 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 within forty-eight (48) hours from the time of 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.

For this purpose, the DSWD-developed community-based reporting system and referral
procedure of elderly abuse or ResPPEC shall be utilized to facilitate the investigation and other
interventions.

SECTION 11. Establishment of a (Senior Citizen Help Desk) Protective Committee for
Senior Citizens (PCSC) — Every barangay shall establish a (Senior Citizens Help Desk) Protective
Committee for Senior Citizens (PCSC) which shall provide immediate assistance to victim-
survivors by receiving reports or complaints of senior citizens abuse. Besides barangay officials,
it may be manned by representatives of the senior citizens sector or by members of a local senior
citizen organization designated and authorized by the Barangay Council as Chairperson.

‘The PCSC is tasked to monitor reported incidents of senior citizen abuse. The PCSC assigns a
representative to conduct a home visit and accomplish the ResPPEC Brief Screening and Detection
Tool for the victim-survivor. The PCSC may be accompanied during the home visit by the
Barangay Health Worker (BHW) or other relevant authorities whenever necessary. The PCSC may
also ask aid from the PNP to examine the risks of the situation, assess the senior citizen's options,
and ensure the safety of both the victim and the rescuer’s.

SECTION 12. Special Prosecution Units — 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 citizen as provided in this
Act. In the absence of such court in the place where the offense was committed. the case shall be
filed in the nearest RTC where the crime or any of its elements 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 under Section 4 of this Act and granting other necessary relief.
The provisions of the PO shall be enforced by law enforcement agencies.

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The types of PO that may be issued under this Act are as follows:

Barangay Protection Order (BPO);
Temporary Protection Order (TPO); and
Permanent Protection Order (PPO)

The PO that may be issued under this Act shall include any or all of the following reliefs:

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;

Whenever applicable, issuances 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 hercin;

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;

Prohibition of the respondent from directly or indirectly communicating or contacting the
petitioner;

Issuance of an Order to proper law enforcement offices to enforce the provisions of this
Section;

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;

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
Such other relief as 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 a 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 the disclosure of the address of the abused senior citizen will pose danger to that
person’s life, it shall be stated in the application. In such case, the application shall attest that the
victim is residing in the municipality or city which the Court has territorial jurisdiction, and shall
provide a mailing address for purpose of the service of 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 the 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 provider 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 a Court shall be considered an application for both
a TPO and 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
favour it is issued transfers to a place outside the court’s jurisdiction, the person may still have 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 notified 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 abuser, shall qualify for legal representation
by the DOJ, the Public Prosecutor’s Office or the PAO.

However, a private counsel offering free legal services 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 or the Punong Barangay or Barangay Chairperson. The
issuance of a BPO or the pendency of an application for a BPO shall not preclude the petitioner
from applying for, or the Court from granting 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 an application for a BPO shall
issue a PO to the applicant on the date of filing afler ex parte determination of the basis of the
application. If the Punong Barangay or Barangay Chairperson is unavailable to act on the
application for a BPO, the application shall be acted upon by any available Lupong Tagapamayapa
or Barangay Kagawad. If the BPO is issued by a Barangay Kagawad, the Order must be
accompanied by an attestation by the Barangay Kagawad that the Punong Barangay and the
Lupong Tagapamayapa were not available at the time of the issuance of the BPO.

A BPO issued by a Lupong Tagapamayapa, a Punong Barangay or Barangay Chairperson
and Barangay Kagawad may cover only 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 to the respondent, or direct any
barangay official to personally serve the Order.

Within forty-eight (48) hours of the 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 the RTC, Metropolitan Trial Court, Municipal Trial Court, or Municipal Circuit Trial Court
with territorial jurisdiction over the place over the place of residence of the offended family or the
senior citizen victim who suffered violence or abuse 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 receives an application for a PO shall issue a TPO on the date of filing of the
application afier 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 the expiration of the TPO. The Court shall order the immediate service of the TPO on
respondent by the Court Sheriff who may obtain the assistance of law enforcement agents for the
purpose. The TPO shall include a notice of the date of the hearing on the merits of the issuance of
a PPO.

SECTION 19. Permanent Protection Order (PPO) — A Permanent Protection Order (PPO) may
be issued only by the Court after notice and hearing.

Any application for TPO or PPO must be made with the RTC, Metropolitan Trial Court,
Municipal Trial Court, or Municipal Circuit Trial Court with territorial jurisdiction over the place
over the place of residence of the offended family or the abused senior citizen 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.

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 re-scheduling 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 the 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 the 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 from which the order might
arise did not exist.

Failure to act on an application for a PO within the period specified in the previous sections
without justifiable cause shall render the Lupong Tagapamayapa, the Punong Barangay or
Barangay Chairperson, the Barangay Kagawad, the official or 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.

Respondent shall be notified of the issuance of a PO.

SECTION 21. Prohibition against Undue Influence Over a Protection Order Applicant — A
Lupong Tagapamayapa, a Punong Barangay or Barangay Chairperson, 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 PO provided
under this Act. Section 7 of the Family Courts Act of 1997 and Sections 410, 411, 412, and 413 of
the Local Government Code of 1991 shall not apply in proceedings where relief is sought under
this Act.

Failure to comply with this Section shall render the concerned individual, 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
Chairperson and the Courts.

SECTION 23. Complaint against a Violation of Protection Order — A complaint ona violation
ofa 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 filed 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 deems necessary
without need of an application.

A violation of any provision of a TPO or a 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 acts described in Section 4 hereof.

A complaint on a violation of a PO shall be filed by the complainant directly with the Court
that issued the order, or with the 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
probable 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 proprio 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 undcr Section 4 hereof shall suffer
the following penalties:

a) Acts falling under Section 4 (a), (b), (c). (4), (€), (g). (i), and (1) constituting attempted,
frustrated, or consummated parricide or murder or homicide shall be punished in
accordance with the provisions of the Revised Penal Code.

Acts falling under Section 4 (a), (b), (), (g)s (i), and (1) 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 prision mayor; those
resulting in Less Serious Injuries shall be punishable by prision correccional and those
resulting in Slight Physical Injuries shall be punished by arresto mayor.

b



c) All other acts enumerated in Section 4 hereof shall be punishable by prision correccional
and a fine in an amount of not less than One Hundred Thousand pesos (P100,000.00) but
not more than Three Hundred Thousand 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 a fine of not less than Five Thousand pesos (P5,000.00),
but not more than Ten Thousand pesos (P10,000.00).

A person who fails to report any act of violence described in Section 4 hereof as required
herein shall be liable for a fine of not less than Ten Thousand pesos (P 10,000.00). (Whenever
applicable, criminal or administrative charges may also be filed.)

‘The penalty provided shall be imposed in its maximum period:
1) Ifthe offender-perpetrator has been previously convicted under this Act;

2) If the offender is a descendant, collateral relative or family member of up to the 2"
degree of consanguinity or affinity;

If the offender is a owner-operator, manager, or employee of a privately-operated, for
profit or non-profit, elderly facility;

If the offender is a public official, staff or employee of a government-operated elderly
residential/group home; Provided that said public servant or employee can be subjected
to suspension and/or termination according to administrative discipline procedures.

3

4

The above-mentioned penalties shall not preclude the consequent civil case for damages or
administrative charges that may also result in the suspension or revocation of accreditation or
license to operate from the DSWD.

SECTION 26. Counselling and Treatment of Offenders - The DSWD shall provide
rehabilitative counselling 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 27. Affirmative Acts — To ensure that the rights and welfare of older persons are
protected, the following programs and interventions shall be developed and implemented:

a) Establish clear advocacy /information programs and increase public awareness to minimize risks
of neglect, abuse and violence to older persons;


b) Include training on the prevention, detection and management of social problems of senior
citizens among healtheare professionals and law enforcement officers, specifically on the
handling of elder abuse cases;

c) Encourage the development and utilization of supportive community resources that provide in-
home services, respite care, and stress reduction with high-risk families; In addition, explore
the possibilities of subsidies and outreach support for family and caregivers to promote quality
homecare for senior citizens; and

d) Ensure high priority to the enactment of measures that would provide social protection to the
elderly and reduce their socio-economic and political disparities.

€) Continue to develop and initiate programs and services for senior citizens that are gender-
responsive, rights-based, and culture-sensitive so as to ensure specific needs and concerns of
senior citizens are identified and addressed.

) Review school curricula and teaching modules through the DepEd and CHED to highlight with
renewed focus the importance of family values, filial piety, and respect for the elderly

SECTION 28. Appropriation - The amount necessary for the initial implementation of this Act
shall be charged against the current year’s appropriations of the concemed Departments.
‘Thereafter, the amount needed for the continued implementation of this Act shall be included in
the budget of the concerned Departments in the General Appropriations Act.

For LGUs, the implementation of the programs shall be charged against the intemal
revenue allotment (IRA) 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 purposes of implementing this Act.

SECTION 29. Implementing Rules and Regulations — 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, as well as the Chairperson
of the National Commission for Senior Citizens shall formulate rules and guidelines as may be
necessary for the proper implementation and enforcement of this Act. This shall include
developing protocols and training programs for all agencies and public officers concerned and a
public information and education program on violence or abuse against senior citizens. The
implementing rules and regulations (IRR) provided under this Act shall be reviewed periodically,
and revised, if necessary.

SECTION 30. Suppletory Application — For purposes of this Act, the Revised Penal Code and
other applicable laws, shall have suppletory application.


SECTION 31. Separability Clause — If any portion or provision of this Act is declared invalid or
unconstitutional, other provisions not affected thereby shall continue to be in full force and effect.

SECTION 32. Repealing Clause ~ All laws, decrees, executive orders, rules or regulations
contrary to or inconsistent with the provisions of this Act are hereby repealed or modified
accordingly.

SECTION 33. Effectivity — This Act shall take effect fifteen (15) days after publication in the
Official Gazette or in newspaper of general circulation.

Approved