Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

NINETEENTH (19th) CONGRESS
First Regular Session

“House Bill No. 1448

Introduced by: Hon. Ma. Victoria Co - Pilar

EXPLANATORY NOTE

Honor your father and your mother, so that you may live long in the land
the Lord your God is giving you (Exodus 20:12)

Article XV Section 4 of the 1987 Constitution states that: The family has the
duty to care for its elderly members, but the State may also do so through
programs of social security. The state has thereby created mechanisms to support
our elderly through economic considerations through pension coverages whether
social, earnings related thru years of employment. We have also honored our
seniors with RA 9994 or the Expanded Senior Citizens Act of 2010 that entails
VAT exemptions, subsidies, and discounts to ease their daily subsistence.

According to the World Health Organization, 1 in 6 people 60 years and
older experienced some form of abuse in community settings during the time of
the pandemic. The global population dictates a doubling from 900 million in 2015
to about 2 billion in 2050. The Philippines’ senior population; In 2021, has
breached 10 million, according to the Commission on Population and
Development. As the population multiplies, so will the incidence of elder abuse.

The 17% ,18 and the 19 Congress has produced bills that penalizes the
abandonment and neglect of the elderly. We believe that fear of punishment is
does not entail the total solution to the increasing number of abused, abandoned,
and neglected elderly. Thereby, this bill promotes and proposes a framework that
encourages volunteers, other seniors, non-government organizations, private

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organizations, and others to exercise our culturally developed and nurtured trait
to honor, respect as well as care for our senior citizens.

Put forth before us is a bill that proposes to resolve hidden elder abuse as
an unspoken issue in society. This, similar to wife beating, incest, and child
abuse; these problems are kept within the confines of the domestic spheres. These
issues remain unreported, poorly addressed by public policy, and often
overlooked by health professionals. The objective of this bill is to provide
mechanisms to further extend the powers of the state to gather pertinent
members of society to be part of the care of neglected and abandoned seniors.
Community mobilizations, co-elders who can carry out the prevention of any
form of abuse, whether physical, psychological, and emotional abuse for financial
or material exploitation, medical maltreatment or even sexual exploitation of the
vulnerable elderly has the right and privilege to defend and protect who are
unable to defend and protect themselves.

Proverbs 31:9-9 says: Speak up for those who cannot speak for themselves,
for the rights of all who are destitute. Speak up and judge fairly: defend the rights

of the poor and needy.

In view of the foregoing considerations, the approval of this bill is

earnestly sought.
HON. toe CO-PILAR

Representative
6 District, Quezon City


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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

NINETEENTH (19th) CONGRESS
First Regular Session

“House BiliNo. 1448

Introduced by: Hon. Ma. Victoria Co - Pilar

AN ACT
PROVIDING FOR A NATIONAL FRAMEWORK FOR SENIOR CITIZEN
CARE OF 2023 AND APPROPRIATING FUNDS THEREFOR
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 “Senior Citizen
Care Act of 2023”

CHAPTER I
INTRODUCTORY PROVISIONS

SECTION 2. Declaration of Policy

Pursuant to Article XIII Section 11 of the Constitution, the State shall adopt
an integrated and comprehensive approach to health development which shall
endeavor to make essential goods, health, and other social services available to

all the people at affordable cost. There shall be priority for the needs of the


underprivileged sick, elderly, disabled, women, and children. The State shall

endeavor to provide free medical care to paupers.

Further, Article XV Section 4 states 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;

Furthermore, Republic Act No. 7876 or the Senior Citizen Center Act of the
Philippines mandates the establishment of senior citizens centers in all cities and
municipalities under the direct supervision of the Department of Social Welfare
and Development (DSWD) in coordination with the local government units
(LGUs) concerned to cater to older persons’ socialization and interaction needs as

well as to serve as venue for the conduct of other meaningful activities.

In accomplishing the noble objectives, this Act also encourages the
national or local governments to seek the participation of private sectors through
Public Private Partnership (PPP).

Towards this end, the state shall institutionalize a national senior citizen
care framework that will focus and ensure the rights and care for the senior

citizens.

SECTION 3. Definition of Terms - As used in this Act, the following terms
are defined as follows:

a. Home Care Volunteer - a non-salaried trained and registered member
of the LGU who serves and is willing and interested to commit time,
resources and talent to care for the sick, frail, disabled and bedridden

senior citizen in the community.

b. Coordinator - The volunteer focal person in the community where the
Home Care Support Services is implemented. He / She maybe a

member of the organization of senior citizens and oversees the

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implementation at the barangay level and reports to the LGU social

worker on the project implementation.

. Family Carer - is an immediate family member of the senior citizen ,

who voluntarily looks after the sick, frail and / or bedridden senior

citizen (ie son / daughter / spouse of the senior citizen).

. Kinship Carer - is a relative of the senior citizen in need of assistance

due to physical and mental disability who takes care of him / her but

lives ina separate house.

.. Project Advisory Committee - in an interagency committee involved in

the implementation of the home care. It will be organized at the
different levels (Municipality / City / Regional / and National). They

will be in charge of providing technical assistance and monitoring /

evaluating the implementation of the Home Care Support Services.

Senior Citizen refers to any Filipino citizen who is a resident, and who

is sixty (60) years old or above.

. Abandoned Senior Citizen - refers to a senior citizen who has no

means of meeting basic needs, whose family has deserted him / her,

hence appropriate care, protection and support are not met.

. Neglected Senior Citizen - Refers to a senior citizen whose basic needs

for survival have been deliberately unattended or inadequately
attended to by his / her family.

Frail Senior Citizen - refer to people aged 60 and above who are unable
to care for themselves or unable to perform activities of daily living

due to an illness, physical and or mental disability.


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Homeless Senior Citizen - refers to a senior citizen who has been
deserted, permanently or temporarily, by his or her relatives or
persons who have general legal responsibility over the senior citizen,
and / or from whom all basic care has been withdrawn, whether

willfully or not which has no basic shelter.

. Indigent Senior Citizens - refers to any elderly who is frail, sickly or

with disability, and without pension or permanent source of income,
compensation or financial assistance from his / her relatives to support
his / her basic needs as determined by the Department of Social
Welfare and Development (DSWD) in consultation with the National
Coordinating and Monitoring Board.

Nursing Home - refers to a home for the aged, established and
maintained under this Act by a private entity, city or municipality
which provides living accommodations, food and clothing, medical
and health care, and recreational and social interaction activities for

abandoned senior citizens or homeless senior citizens;

. Social Preparation - activities that would initiate interest and

participation among concerned entities at different levels - provincial,
city, municipal, barangay as well as other government organizations,
non-government organizations, civic and faith based groups, and
academe to generate commitment and involvement in the

implementation of this act.

. Capacity Building Activities - conduct of trainings, skills enhancement

‘on the care and management of senior citizens, team building activities
as well as value formation sessions to families, community volunteers

and service providers.

. Helping Plan - pertains to the formulated by a volunteer together with

the senior citizen beneficiary, his / her family who will be encouraged

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to participate in all phases of activities, i.e. assessment, planning
implementation of helping plans, monitoring and evaluation of the

activities of the senior citizen beneficiary.

. Geriatrics - refer to a branch of medical science devoted to the study of

the biological and physical changes and the diseases of old age.

. Nearest Surviving Relative - refers to spouse, legal or common law,

who survives the deceased senior citizen: In the event that there is no
surviving spouse, this shall be limited to relatives in the following
order of degree of kinship: children, parents, siblings, grandparents,

grandchildren uncles and aunts.

Home health care service ~ refers to health or supportive care provided
to the senior citizen patient at home by licensed health care
professionals to include, but not limited to, physicians, nurses,

midwives, physical therapist and caregivers

. Respite Services - the provision of relief to the family whether be it

coming from a volunteer from the demands of their roles as carers by
providing temporary care and support services in caring of the senior
citizens

Abuse - refers to any willful and unjustified act that my cause any type

of ham to a senior citizen

|. Neglect - when basic needs of the senior citizen have been deliberately

unattended or inadequately attended or when he or she is ill clad,
without proper shelter and left by himself or herself without provisions
for his or her needs

. Exploitation - refers to an act committed by any person to take

advantage of a senior citizen for their personal gain


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SECTION 4. Construction ~ This Act shall be liberally construed to
promote the physical, mental, emotional and social well-being of the

senior citizens as well as to ensure their protection and safety.

CHAPTER IL
FRAMEWORK FOR SENIOR CITIZEN CARE

SECTION 5. Senior Citizen Care Considerations. - care as categorized in the
succeeding section shall be determined in a manner that promotes the policies
and principles defined in Section 2 of the Act and shall consider the following
elements of the framework therefor, among others without prejudice to the

current traditional and societal concepts of kinship and culture:

a. Protection of the rights and privileges of senior citizens as mandated
by RA 9994 or the Expanded Senior Citizens Act of 2010

b. Training and furtherance of the family centered care that will entail
capacity building for the enhancement of the care of senior citizens.
This may be endeavored by government entities and non-government
organizations as set forth by guidelines, rules and regulations as
provided and will emanate from Section 2 of this Act. This too shall be
an instrument for the prevention of abandonment and neglect of senior
citizens in general.

¢. Introduce a community based care approach for the care of abandoned,
neglected, frail, homeless and indigent senior citizens, providing
chances for community volunteers that will come from all possible
sectors that may create programs and projects that is monitored and
observed by the pertinent government organizations or non-
government organizations sanctioned or within the bounds of the rules
and regulations as provided by this Act.

d. Mobilize volunteers or any community member who are interested
and willing to be trained and share their time and talent in caregiving

who can teach personal care, provide social support and

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companionship and assist accessing services from government and
non-government organizations who can best respond to their needs.

e. Respect of existing customary rights and traditions of Indigenous
Cultural Communities / Indigenous Peoples and Religious beliefs in

the furtherance of the said care framework.

CHAPTER II
HOME AND COMMUNITY CARE APPROACH

SECTION 6. SENIOR CITIZEN CARE PROGRAM - The Department of
Social Welfare and Development shall hereby create a national program for the

furtherance of home care support services for senior citizens.

The program shall provide social preparation across all sectors and target
communities to enhance interest in home and community care approach. The
DSWD shall conduct trainings, skills enhancement on the care and management
of senior citizens, team building activities as well as value formation sessions to
families, community volunteers and service provides through the local
government units and DSWD field offices.

The Local Government Units and its pertinent instrumentalities shall be
involved in the identification of the marginalized senior citizens or senior citizens
in crisis as may be reported through and by the instrumentalities of the LGUs.

The program shall provide intervention based on a helping plan which
focuses on the assessment and enhancement of Home Care, Respite Services,
Physical Fitness Program, Kinship Care, Palliative Care and Spiritual Services.
DSWD shall provide the LGU with technical assistance through coaching,
program monitoring, mentoring and skills enhancement including all interested
parties and volunteers that may be formed as a result of this Act.


1 SECTION 7. Lead Agencies - The DSWD and the National Commission of
2 Senior Citizens (NCSC) shall serve as the joint central planning, coordinating,
3 implementing, and monitoring body of the Program.
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5 In the implementation of this Act, the DSWD shall perform the following
6 functions:
7 a. Screen, verify, and assess the beneficiaries’ situation and identify the
8 appropriate intervention to fully serve their situation;
9 b. Provide family based care programs to equip and educate families on
10 how to care for the beneficiaries as stated in Section 4 of this Act;
1 c. Provide community based care programs to help willing communities
12 organize themselves to provide home care services, respite services,
13 palliative care services;
14 d. Provide trainings to community and family care volunteers to equip
15 and educate on matters of Home Care, Respite Services, Physical
16 Fitness Program, Kinship Care, Palliative Care and Spiritual Services;
17 e. Develop a Helping Plan that will be suitable to the needs of the
18 primary and secondary beneficiaries with respect to ethnicity, religious
19 belief and Geriatric considerations;
20 f. Perform such other functions in harmony with the National
aa Commission for Senior Citizens as may be necessary or incidental to
22 the proper and effective implementation of this Act;
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24 In the implementation of this Act, the National Commission of Senior
25 Citizens shall perform the following functions:
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27 a. Create and maintain a central repository and database of senior
28 citizens that shall serve as the master list of all screened and verified
29 beneficiaries clustering them according to specific needs and program
30 intervention classification;
31 b. Coordinate with different national and local agencies, including
32 organizations from the private sector to ensure full implementation of
33 statutory commitments herein;

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c. Perform such other functions in harmony with the Department of

Social Welfare and Development as may be necessary or incidental to
the proper implementation of this Act;

SECTION 8. Advisory Council - An advisory Council shall be created at

the regional and national levels to be co-chaired by the DSWD and the National

Commission for Senior Citizens.

The regional advisory councils and national advisory council shall

have as member representatives from the DSWD, Department of Health,
Department of Labor and Employment, Department of the Interior and Local
Government, Technical Education and Skills Development Authority and the
Department of Trade and Industry. The regional advisory councils and NAC
shall also have, as additional members two representatives from accredited non-
government organizations and the medical field working on monitoring, social

welfare service programs.

The Advisory Councils shall have the following functions:

a. Meet regularly to promote coordination across agencies to enhance
the implementation of the program and jointly address and resolve
program implementation issues;

b. Recommend to the President, measures and policies for the
responsive delivery of the commitments under this Act and
integration with the general senior care and senior citizen benefits
strategy of the government;

c. Promulgate a grievance redress system and accept complaints and
grievances pertaining to the implementation of this Act;

d. Review the monitoring and assessment reports of the DSWD and
submit necessary policy recommendations to Congress to improve

and strengthen the program, if necessary.

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CHAPTER IV,
PRIMARY CARE AND CARE FACILITIES

SECTION 9. Primary Care - This Act recognizes the family as the
immediate carer of senior citizens. It is incumbent that the family provide care for
the senior citizen member of the family as customs and culture permits. The
DWSD shall hereby establish a program of reconnection for abandoned,
neglected, frail, abused and exploited senior citizens to the nearest surviving
relative, Provided that the said relative has the capacity and means to support
and provide for the senior citizen as deemed and certified by the DSWD.

DSWD shall provide technical and financial support to the nearest

surviving relative of the senior citizen thru the Assistance to Individuals in Crisis
Situations (AICS) at the onset of the reconnection.

DSWD and the local government units shall also monitor the situation and

conduct regular visitations to the senior citizens that has been reconnected with
their nearest surviving relatives for an ample amount of time as prescribed by the
implementing rules and regulations in pursuant to this Act.

The DSWD shall also provide a monthly pension for the subsistence of the
senior citizen as prescribed by and the Social Pension for Senior Citizens Program
of the DSWD and / or the Local Government

SECTION 10. Establishment of Local Nursing Homes - There shall be
established in every municipality and city, a nursing home to serve abandoned
and homeless senior citizens, to be built by the local government units concerned
and shall be and shall be jointly operated and maintained by the LGU and the
Department of Social Welfare and Development.

SECTION 11. Community Care Facilities - Communities, duly organized by
DSWD by virtue of this Act, may establish Community Care Facilities manned by
volunteers, Provided that the local government unit that prescribes territorial
jurisdiction to the community care facilities shall provide permanent staffing as
deemed necessary and as approved by the DSWD.

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Volunteers to the community care facilities shall be trained by DSWD and
/ or TESDA to fulfill the provisions as set forth by the program to be created by
this Act. Doctors and Allied Medical Professionals and Practitioners that
volunteer to this community care facilities hall be entitled to a deduction for their
gross income, equivalent to fifteen percent (15%) as calculated from the service
fees that may be accrued in providing outmost decent and proper care for their
beneficiaries.

Furthermore, Donors to the established community care facilities shall be

exempted in the payment of Donors Tax.

SECTION 12. Functions of Nursing Homes and Care Facilities - The nursing
homes shall provide homeless and abandoned senior citizens within its territorial
jurisdiction institutionalized residential care programs and services such as but
not limited to:

. Comfortable living quarters
. Adequate and Nutritious food
. Clothing

oP

|. Medical Consultation and Treatment
. Health Care

> ean

Occupational Opportunities

. Recreational and Social Interaction Activities

Bo

. Counseling

i, Case Conference

j. Family Dialogue

k. Outreach of Nearest Surviving Relative for Reintegration
1. Literacy Education

m. Productivity Development

n. Religious, Cultural and Vocational Activities

SECTION 13. Exemptions and General Benefits of a Local Nursing Home

- The established nursing home shall be exempted from the payment of customs

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duties, taxes and tariffs on the importation of equipment and supplies used

actually, directly and exclusively by the nursing home in pursuant to this Act.

Furthermore, Donors to the established local nursing homes shall be

exempted in the payment of Donors Tax.

SECTION 14. Private Care Facilities ~ Private care facilities that shall accept
frail, indigent, homeless, neglected and abandoned senior citizens as certified by
the DSWD, upon the effectivity of this Act, shall be entitled to a deduction for
their gross income, equivalent to fifteen percent (15%) as calculated from the
service fees that may be accrued in providing outmost decent and proper care for
their beneficiaries: Provided, however, that such care shall continue for a

minimum period of five (5) years.

CHAPTER V
ACTS OF ABANDONEMENT AND NEGLECT AND RELIEFS THERFOR

SECTION 15. Acts of Abandonment or Neglect. - the following acts shall

constitute abandonment and neglect of senior citizens, to wit:

a. 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 a senior citizen;

b. To willfully neglect to provide food, medicines, shelter, clothing or
services necessary for the physical and mental health of a senior

citizen;

SECTION 16. Reliefsgranted to a Senior Citizen in cases of Abandonment and
Neglect - the Senior Citizen may avail of the following reliefs in case of their

abandonment and neglect, to wi

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a. Toattain legal services from the Public Attorney’s Office or any public
legal assistance office with the assistance of the local government and /

or the DSWD to protect their rights and ineterets;

b. To be entitled to support services from the DSWD and the Local
Government Unit concerned including but not limited to:
1. Counseling;
2. Rehabilitative Care;
3. Temporary Housing or Shelter as prescribed in Sections 11, 12, 13,

14 of this Act;

c. To be entitled to any restitution, actual or compensatory, moral,
nominal or temperate, and exemplary damages as may be applicable
by law.

SECTION 17. Response and Assistance ~ in cases of reported and actual

abandonment or neglect described in Section 15 of this Act, a barangay official or

any law enforcer shall have the following rights and duties:

a. Confiscate any harmful object discovered in plain view in the course of
their response activity;

b. Transport the victim to the nearest safe and adequate location for
immediate medical or psychological exam done by a duly licensed
medical professional;

c. Assist the victim in the acquisition of personal belongings from the
dwelling;

d. Coordinate and report any and all pertinent acts stipulated the Section
15 of this Act and call the assistance of the local government unit, the

DSWD and / or accredited non government organization

SECTION 18. Treatment of Respondents - the DSWD, shall provide

counseling and rehabilitative care and treatment to respondents who abandoned

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or neglected the senior citizen. Further, the DSWD shall introduce and provide a

program for their learning and mental reformation

SECTION 19. Appropriations. - The amount necessary for the initial
implementation of this Act shall be charged against the current year’s
appropriation of the DSWD, DOH, DOLE, DILG, TESDA and DTI . Thereafter,
the amount needed for the continued implementation of this Act shall be
included in the budget of the said agencies in the annual General Appropriations
Act.

The Local Government Units shall secure the implementation of this Act
thru their respective internal revenue allotment. Furthermore, the departments
mentioned in the preceding paragraph may accept donations, contributions and
grants from various sources and shall be deemed exempted from Donors Tax as
prescribed by the National Internal Revenue Code of 1997.

SECTION 20. Implementing Rules and Regulations - Within one year, from
the Approval of this Act, the Secretary of the DSWD in coordination with the
Departments stipulated in the preceding section of this Act shall formulate rules
and guidelines as may be necessary for the proper implementation and
enforcement of this Act.

SECTION 21. Separability Clause ~ If any portion or provision of this Act is
held unconstitutional or invalid, the remaining provisions not affected thereby

shall continue to be in full force and effect.

SECTION 22. Repealing Clause - All laws, executive orders, proclamations,
rules, regulations and other issuances or parts thereof which are inconsistent
with the provisions of this Act are hereby repealed, amended or modified

accordingly.

SECTION 23. Effectivity - This Act shall take effect fifteen (15) days after
its publication in the Official Gazette or in a newspaper of general circulation.

Approved,
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