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Republic of the Philippines pd€ AUG 2016
HOUSE OF REPRESENTATIVES Fo
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Quezon City a
17% CONGRESS By:

First Regular Session

929 PEO'STR TION UNIT
House Bill No _ 2885 BILLS AND INDEX SERVICE

Introduced by Representative Wes Gatchalian

EXPLANATORY NOTE

“Ang sinumang hindi marunong tumingin sa kanyang pinanggalingan ay
‘di makakarating sa kanyang paroroonan.’, is probably one of the most oft
quoted adage in our rich heritage. It is a reminder to us to never neglect those
who have played a role to mold us into the people we are today. It also reminds
us to pay respect to people who have spent a portion of their existence to make
sure ours would be a little bit better - our elders, With these values strongly
entrenched in our culture, by and large the elderly in our society are cared for by
their respective families such that they are protected and live with their basic
necessities secured in the twilight years of their life. But this notwithstanding, as
in all cases there are those of our senior citizens who are abused and harassed by
worse men, our elderly unable to protect themselves as the strength of their
youth are but a memory. This bill now proposed provides added protection for
our elderly, and aggravates penalties to abuses of their rights.

Section 11, Article II of the 1987 Constitution provides that; "The State
values the dignity of every human person and guarantees full respect for human
rights.” Section 4, Article XV also 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." To this end, the State engages to protect our senior citizens who
are more prone to abuse and because of their weaker state, have less physical
and mental agility to defend and provide for themselves. As the number of older
Filipinos grows proportionally in this country, this bill seeks to provide special
protection for senior citizens through the prevention and deterrence of acts
inimical to the security and safety of our senior citizens. This Act will likewise
provide them with legal remedies for immediate protection such as protection
orders that victims may avail of, The State must help our senigr-cffizens claim
their rights so they can lead dignified and secure lives,

Wes Gatchalian
Representative
1s District of Vafenzuela



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City
17 CONGRESS:

First Regular Session
2989

House Bill No.

Introduced by Representative Wes Gatchalian

AN ACT
PROVIDING PROTECTION TO THE ELDERLY AGAINST
ABUSE, NEGLECT AND EXPLOITATION, AND PRESCRIBING
PENALTIES FOR VIOLATION THEREOF

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
“Protection for the Elderly Act."

SEC. 2. Declaration of Policy. - The State values the dignity of the
elderly and guarantees to defend the right of the family to care for
its elderly members. Towards this end, the State shall exert efforts
to address violence, abuse and exploitation of all forms committed
against our elderly in keeping with the fundamental freedoms
guaranteed under the Constitution and the provisions of the
Universal Declaration of Human Rights and other international
human rights instruments of which the Philippines is a party.

SEC. 3. Definition of Terms. - As used in this Act, the term:

(a) Elderly refers to any resident citizen of the Philippines at
least sixty (60) years of age or older;

(b) Neglect refers to the failure to provide the care, service, or
support for the welfare of an elderly;

(c) Abuse refers to the willful and unjustified acts of a person
towards an elderly;

(d) Exploitation refers to any act by a person to take advantage
of the diminished capacity of an elderly to protect himself and his
financial resources;


(e) Healthcare provider shall refer to an attending physician,
nurse, barangay health worker, therapist, counselor or any other
person who examines, attends to or treat an elderly;

SEC. 4, Abuse, Neglect and Exploitation of the Elderly. - Any
person who commits any of the following acts against a senior
citizen shall be punished with the penalty imposed under the
Revised Penal Code, in the maximum period, the status of the
offended party being a senior citizen shall be considered an
aggravating circumstance of the offense:

(a) Any person who shall inflict or threatens to inflict any
physical harm or injury upon an elderly, including any act that is
sexual in nature;

(b) Any person who shall physically restrain an elderly under
inhumane conditions with the intention of permanently restricting
the elderly's movements and interaction with other members of the
community;

(c) Any person who shall cause mental or emotional distress
upon an elderly through verbal abuse, intimidation, harassment,
public humiliation and ridicule;

(d) Any person who having the legal responsibility or contractual
obligation to care for an elderly, willfully neglects to provide food,
medicines, shelter, clothing or services necessary for the physical
and mental health of an elderly;

(e) Any person who obtains control over the money, assets or
property of the elderly through undue influence or deceitful
machinations with the intention of depriving the elderly of its
ownership, use and benefit; and

(f) | Any person who prevents an elderly from engaging in any
legitimate profession, occupation or business in the absence of
any harm or threat of abuse on the person of the elderly.

SEC. 5. Reporting. - The aggrieved elderly or any concerned
citizen shall make a report in writing to the barangay of any act
which under the facts and circumstances prevailing at the time will
lead a reasonable person to believe that the act constitute those
enumerated under Section 4 hereof has been committed or is
being committed.

SEC. 6. Protective Services. - Based upon the accounts of the
aggrieved elderly or a sworn statement of a concerned citizen, the


access to family resources, to provide legal representation of his
choice;

A fine not exceeding Ten Thousand Pesos (P10,000.00) or
whenever applicable criminal, civil or administrative liability shall
be imposed on any barangay official, government employee, law
enforcer or healthcare provider who fails to render the assistance
required under this Section.

SEC. 8. Public Crime. - Abuse, exploitation and neglect shall be
considered a public offense 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.

SEC. 9. Persons Exempt from Liability. - Any person, private
individual or law enforcement authority or barangay official who,
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 liability resulting therefrom

The liability herein imposed shall not likewise apply to any person
who was acting pursuant to the instructions of a physician to
protect the elderly due to a physical or mental incapacity.

SEC 10. Implementing Rules and Regulations. - Within six (6)
months from the approval of this Act, the Secretary of Justice, the
Secretary of Social Welfare and Development, the Secretary of the
Interior and Local Government, shall promulgate the implementing
rules and regulations of this Act.

SEC. 11. Suppletory Application. - For purposes of this Act, the
Revised Penal Code and other applicable laws, shall have
suppletory application.

SEC. 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,

SEC. 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


barangay of which the elderly is a resident or currently located,
shall conduct an investigation to determine the veracity of the
allegations. Finding reasonable ground to believe that the act
constitute any of those mentioned under Section 4 hereof, the
Barangay shall thereupon order the immediate temporary
necessary relief to safeguard the victim from further harm.

Nothing in this Section shall prevent the aggrieved elderly or any
person to make a report to the police or any law enforcement
agency other than the barangay, which shall provide the necessary
assistance and protection, or to apply for either the Temporary or
Permanent Protection Order as an independent action or as
incidental relief in any civil or criminal case, where the issues
partake of the acts enumerated under Section 4 hereof.

SEC. 7. Role of Government Agencies. - \n order to provide the
necessary relief and prevent further harm to the elderly-victim the
following agencies are mandated to:

(a) Barangay - grant, after ex-parte determination, applications
for a Barangay Protection Order (BPO), which shall be effective for
fifteen (15) days from its issuance, ordering the perpetrators to
desist from committing any of the acts mentioned under Sec. 4
hereof and which is subject of the application. If the Punong
Barangay is unavailable to act on the application for a BPO, the
application shall be acted upon by any available 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 was unavailable at the time for the
issuance of the BPO. Immediately after the issuance of an ex parte
BPO, the Punong Barangay or Barangay Kagawad shall
personally serve a copy of the same on the respondent, or direct
any barangay official to effect is personal service.

The parties may be accompanied by a non-lawyer advocate in any
proceeding before the Punong Barangay.

(b) Department of Social Welfare and Development - extract and
take custody of the elderly, provide halfway shelters, counseling,
psycho-social services, and rehabilitation programs;

(c) Philippine National Police or other law enforcement agency -


assist the barangay officials and other government officers and
employees who respond to a call for help; immediately serve the
protection orders as well as ensure its compliance; arrest the
suspected perpetrator without a warrant when any of the acts
enumerated under Section 4 is occurring, or when he/she has
personal knowledge that any act of abuse has just been
committed, and there is imminent danger to the life or limb of the
elderly;

(d) Regional Trial Court, Metropolitan Trial Court, Municipal Trial
Court, Municipal Circuit Trial Court - issue the Temporary
Protection Order (TPO), which shall be effective for thirty (30)
days, after an ex-parte determination that the order should be
issued. The TPO shall include the notice of the hearing on the
merits for the issuance of a Permanent Protection Order (PPO).
Where final judgment for the PPO has not been issued and the
TPO is about to expire, the court shall extend or renew the TPO for
another thirty (30) days. A PPO shall be effective until revoked by
the court upon application by the person In whose favor the order
was issued. The court shall ensure immediate personal service of
the TPO or the PPO.

The court shall not deny the issuance of a protection order on the
basis of the lapse of time between the act and the filing of the
application.

(e) Healthcare provider - properly document or record
observations/examinations of the elderly which gives rise to any of
the acts under Section 4 hereof, and to inform or report these
assessment or findings to the barangay, law enforcement agency
or the courts;

(f) Department of Education, Department of Health and Local
Government Units - conduct information and dissemination
campaign with regard the rights of the elderly and the duties of the
family to care for them, as well as the nature, causes, incidence
and consequences of acts which gives rise to abuse, neglect or
exploitation, particularly towards educating the public on its social
impacts;

(g) Public Attorney's Office - appoint a counsel when it is shown
that the elderly does not have the financial capacity or lacks


modified accordingly.

SEC. 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,