FIFTEENTH CONGRESS OF THE REPUBLIC 
OF 'THE PHILIPPINES 
) 
) 
) 
First Regular Session 
SENj'a09 
S.No. __ _ 
Introduced by Senator Miriam 'Defensor Santiago 
EXPLANATORY NOTE 
The Constitution, Article 2, Section 11, provides: 
The State values the dignity of every human person and 
guarantees full respect for human rights. 
Article 15, Section 4 provides: 
The family has the duty to take care of its elderly members 
but the State may also do so through just programs of social 
security. 
'-.! 
The traditional high regard for older persons remains characteristic of Filipino families. 
This notwithstanding, their special needs such as health care, safety, security and other social 
services need to be addressed not only by their families and communities but by the whole 
government machinery. They are vulnerable to neglect as the pressures of economic survival 
impinge on Filipino families. In 1970, for everyone elderly there were about 11 working people 
from whom support could be drawn. By 2020, studies indicate that there will only be 6 people of 
productive age to support the elderly. 
Some family members, feeling that the elderly have become a burden on the household, 
have given in to violence. In fact, a particularly alarming development is the incidence of elder 
abuse. As elders become frailer, they are less able to stand up to bullying or to fight back if 
attacked. They may not see or hear as well or think as clearly as they used to, leaving openings 
for unscrupulous people to take advantage of them. The World Health Organization has defined 
elder 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." The core feature of this definition is that it focuses on harms where there is "expectation 
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of trust" of the older person toward their abuser. Thus it includes halTIl by people the older 
person knows or with whom they have a relationship, such as a spouse, partner or family 
member, a neighbor, or people that the older person rely on for services. The telTIl does not 
include general criminal activity against older persons. 
Studies show that there are several types of elder abuse: 
• 
Physical abuse - This abuse includes not only physical assaults such as hitting or shoving 
but also the inappropriate use of drugs, restraints, or confinement. 
• 
Emotional/psychological abuse - The abuse may be verbal or nonverbal. Verbal fOlTIlS of 
abuse. may include intimidation, humiliation and ridicule, or habitual blaming or 
scapegoating. Nonverbal fOlTIls of abuse are ignoring the elderly person, isolating him or 
her from friends or other family members and activities, or terrorizing him or her. 
• 
Sexual abuse - Such contact can involve physical sex acts, but activities such as showing 
an elderly person pornographic material, or forcing the elder to undress are also 
considered sexual elder abuse. 
• 
Neglect or abandonment by caregivers - Elder neglect or failure to fulfill a caretaking 
obligation can be active (intentional) or passive (unintentional, based on factors such as 
ignorance or denial that an elderly charge needs as much care as he or she does). 
• 
Financial exploitation - Financial exploitation involves the unauthorized use of an elderly 
person's funds or property, either by a caregiver or an outside scam artist. 
• 
Healthcare fraud and abuse - Examples of healthcare fraud and abuse include charging 
for healthcare which has not been provided, overcharging or double billing for services. 
This bill proposes the establishment of an assistance program to victims of elder abuse and 
the training of health and government professionals in the assistance of such victims.! 
I This bill was originally filed in the third regular session of the 14'" Congress. 
2 


FIFTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
First Regular Session 
) . 
S.ENy.e09 
S. No. ~--,--t:S,--_ 
( 
. ".&" - . ,. 
\ 
Introduced by Senator Miriam Defensor Santiago 
\/ 
1 
AN ACT 
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TO ESTABLISH PROGRAMS AND ACTIVITIES TO AID VICTIMS OF ELDER ABUSE, 
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AND PROVIDE TRAINING TO HEATH AND GOVERNMENT PROFESSIONALS IN THE 
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ASSISTANCE OF SUCH VICTIMS 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled: 
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SECTION 1. Short Title. - This Act shall be known as the "Elder Victim Assistance 
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Act." 
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SECTION 2. Declaration of Policy - It is the policy of the State to protect and promote 
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the right to health and safety of the elderly. Towards this end, it shall ensure that there will be: 
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(I) coordination among service systems and disciplines to prevent elder abuse and combat 
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crimes against .the elderly; (2) increase knowledge among professionals serving the elderly about 
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elder abuse; (3) increase public awareness of elder abuse and the seriousness of crimes against 
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the elderly; and (4) promote public education of the elderly to enable them to avoid being 
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victimized, abused, or exploited. 
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SECTION 3. Definitions. -
For purposes of this Act, the term: 
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A. ELDER- refers to an individual age 60 or older. 
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B. ELDER ABUSE - refers to a single, or repeated act, or lack of appropriate 
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action, occurring within any relationship where there is an expectation of tmst 
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which causes harm or distress to an older person. 
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C. DSWD - shall refer to the Department of Social Work and Development. 
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D.SECRETARY - shall refer to the Secretary of the Department of Social Work 
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and Development (DSWD). 
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E. DOF - Department of Finance 
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I 
F. DOH - Department of Health 
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G. DILG - Department ofInterior and Local Government 
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SECTION 4. Establishment of Elder Victim Assistance and Programs. - An inter-agency 
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task force shall be created, mandated to establish and implement an Elder Victim Assistance 
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Program. The task force shall be chaired by the DSWD. The other members of this task force 
, 
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shall include the DOF, the DOH, the DILG, non-government organizations such as the National 
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Federation' of Senior Citizens Association of the Philippines (NFSCAP) and the Coalition of 
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Social Services for the Elderly (COSE). The program shall be implemented in coordination with 
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relevant national and local and community-based public entities such as the municipal Office of 
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Senior Citizens Affairs (OSCA), private agencies and other entities relating to elder abuse, 
II 
neglect, and exploitation and other crimes against elderly individuals. The program shall provide 
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services to all victims of elder abuse. 
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The services shall include: 
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(A) Immediate, short-term emergency services, including shelter, care services, 
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food, clothing, transportation to medical or legal appointment as appropriate, and 
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any other life services deemed necessary by the entity for victims of elder abuse. 
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(B) Counseling and assistance for victims of elder abuse in accessing health care, 
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educational, pension, or other benefits for which seniors may be eligible under law. 
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(C) Mental health screenings for victims of elder abuse to identify and seek 
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assistance for potential mental health disorders such as depression or substance 
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abuse. 
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(D) Emergency legal advocacy for victims of elder abuse and, as appropriate, their 
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families. 
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(E) Job placement assistance and information on employment, training, or 
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volunteer oppOliunities for victims of elder abuse. 
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(F) Bereavement counseling for families of victims of elder abuse. 
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(G) Education of the elderly to enable them to avoid being victimized, abused, or 
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exploited. 
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(H) Other services considered appropriate for purposes of the program. 
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• 
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SECTION. 5. Technical Assistance - The Secretary of the DSWD, as task force director, 
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shall enter into contracts with private entities with experience in elder abuse coordination or 
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victim services to provide such technical assistance as the entity determines appropriate. 
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SECTION 6. Reports from law enforcement agencies. - Law enforcement agencies shall 
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submit quarterly reports to the Task Force on incidents of elder abuse. 
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SECTION 7. Public information on elderly abuse. - The task force shall immediately 
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adopt a program that shall raise awareness of the public on the issue of elder abuse. 
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SECTION. 8. Continuing Education and Training of Health Personnel and Service 
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Providers on Elder Abuse. - All DSWD and DOH staff and professionals providing various 
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health services are mandated to undergo a mandatory continuing education and training 
II 
program to sensitize and empower them to become effective front-liners in the delivery of 
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health service to the victims of elderly abuse. 
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SECTION 9. Appropriation. -
To carry out the provisions of this Act, such amount as 
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may be necessary is hereby authorized to be appropriated from the National Treasury. 
IS 
Thereafter, the amount necessary for the continuous operation ofthis Elder Victim Program shall 
16 
be included in the annual appropriation of the DSWD. 
17 
SECTION 10. Separability Clause. - If any provision or part of this Act is held invalid or 
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unconstitutional, the remainder of the law or the provision not otherwise affected shall remain 
19 
valid and sUbsisting. 
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SECTION II. Repealing Clause. - Any law, presidential decree or issuance, executive 
21 
order, letter of instruction, administrative order, rule or regulation contrary to or is ·inconsistent 
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with the provision of this Act is repealed, modified, or amended accordingly. 
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SECTION 12. Effectivity Clause. - This Act shall take effect fifteen (15) days after its 
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publication in at least two (2) newspapers of general circulation. 
Approved, 
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