Republic of the Philippines
HOUSE OF REPRESENTATIVES
Constitution Hills, Quezon City

EIGHTEENTH CONGRESS
First Regular Session

House Bill No. 9237

Introduced by REPRESENTATIVE ERIC L. OLIVAREZ

EXPLANATORY NOTE

Filipinos are known to be a people with close familial ties.
Also notable of the Filipino is their paying respect to those who
have set the path for us to walk on today. Those who laid that
path, yes some are no longer around but others are still alive.
They are our senior citizens. They have cared for the present
generation by imparting wisdom upon those who are still treading
on the path they have set years ago.

Senior citizens are given benefits protected upon by law in
the Philippines. They have cared for the present generation in
their own special way. The state recognizes their contribution to
society and appreciates it through several privileges and benefits.
These privileges and benefits include but are not limited to
discounts in malls and certain establishments and even special
lanes in offices and grocery stores.

Despite this appreciation enjoyed by them through laws and
benefits, there are still some senior citizens deprived from these
benefits and even subjected to abuse, be it physical, verbal,
mental and psychological to name a few, by other members of
society and sadly even by their own family. It is because of the
frailty of old age of the elderly that some will take advantage of
this to allow abuse to occur as the elderly are at this point, at
their most vulnerable.

As of late, this phenomenon of violence towards senior
citizens runs counter to the Filipino trait of respect for elders. It

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is sad to see that the kindness, wisdom and care given by these
senior citizens are being repaid with acts of abuse and violence at
a point when the senior citizen is at his or her most vulnerable.
While the benefits and privileges are given out of respect for the
senior citizens, this act aims to give more protection to the senior
citizens who are victimized by abuse of any form or kind as well
as to end this disturbing trend of abuse towards the senior
citizens who have imparted all they have for the country and its
people.

While it was known that there are steps being made to curb
this disturbing trend of senior citizen abuse or commonly known
as elder abuse, this Bill seeks to give the senior citizens
protection from abuse just as children and women have as
dictated by the law.

It is only for this reason that the approval of this bill is
being sought.

ew oN,

ERIC L. OLIVAREZ

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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Constitution Hills, Quezon City

EIGHTEENTH CONGRESS
First Regular Session

5137
House Bill No. __

Introduced by REPRESENTATIVE ERIC L. OLIVAREZ

AN ACT DEFINING ABUSE TOWARDS SENIOR CITIZENS,
PROVIDING FOR PROTECTIVE MEASURES FOR VICTIMS,
PROTECTION OF SENIOR CITIZENS FROM ELDERLY ABUSE,
AND PRESCRIBING PENALTIES THEREFORE.

Section 1. Short Title. This Act shall be known as the
Anti- Senior Citizens Abuse Act.

Section 2. Coverage. This Act shall protect senior citizens
living in the Philippines, who are now vulnerable physically, or
psychologically, from any abuse, be it verbal, physical, mental or
psychological from any entity or person.

Section 3. Definition of Terms - For purposes of this Act:

1) Senior Citizen - refers to any resident citizen of the
Philippines aged sixty (60) years old and above who is
retired or whose principal source of support is a pension
or Social Security Benefits

2) Vulnerable - refers to an individual who is defenseless or
has no capability to defend himself or herself as well as
incapable to provide for himself or herself. This also
includes the following:

a. Individual is crippled or suffering from a debilitating
disease rendering him/her unable to work and is
dependent upon strict care of a medically trained
professional (i.e. caregivers, personal nurses)

b. Individual also lacks psychological capacity in such
a way that the individual can no longer respond

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normally and is in need of treatment and regular
medication.

3) Abuse - refers to any kind or form of cruel treatment on a
person which includes any of the following:

a.

Physical - refers to intended use of force against a
senior citizen resulting in physical pain, injury or
impairment as well as inappropriate use of drugs,
restraints or confinement;

. Emotional - refers to intimidation through verbal

threats, humiliation and ridicule, and habitual
blaming or scape-goating;

Psychological - refers to isolating a senior citizen
from friends or activities, ignoring the senior citizen
and terrorizing or menacing the senior citizen;

. Sexual - refers to engaging in sexual activity with a

senior citizen without consent;
Neglect - refers to a failure in fulfilling a caretaking
obligation which can either be
i. Active or intentional
ii, Passive or unintentional (based on factors such
as ignorance or denial that a senior citizen
being taken care of needs as much care as he
or she does)

Fraud - refers to misuse of senior citizen’s personal
checks, credit cards or accounts. Also involves
stealing of cash, income checks or household goods
as well as forging the senior citizen’s signature and
engagement in identity theft and;

Scams - refers to announcements of awarding a
“prize” to a senior citizen won but must pay money
to claim, involvement of phony charities and
investment fraud.

Section 4, Acts of Abuse towards Senior Citizens. The
crime of abuse towards senior citizens is committed through any
of the following acts:

a) Causing physical harm to the senior citizen;
b) Threatening to cause the senior citizen physical harm;
c) Attempting to cause the senior citizen physical harm;

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d) Placing the senior citizen in fear of imminent physical
harm;
Attempting to compel or compelling the senior citizen to
engage in conduct with the senior citizen has the right to
desist from conduct which the senior citizen has the right
to engage in, or attempting to restrict or restricting the
senior citizen’s freedom of movement or conduct by force
or threat of force, physical or other harm or threat of
physical or other harm, or intimidation directed against
the senior citizen. This shall include, but not limited to
the following acts committed with the purpose or effect of
controlling or restricting the senior citizen’s movement or
conduct.
1. Threatening to deprive or actually depriving the
senior citizen of custody to his/her family;
2. Depriving or threatening to deprive the senior
citizen of a legal right
3. Controlling the victim’s own money or
properties, or solely controlling the conjugal or
common money or properties;

e|

f) Inflicting or threatening to inflict physical harm on
oneself for the purpose of controlling his/her actions
or decisions;

Causing or attempting to cause the senior citizen to

engage in any sexual activity which does not

constitute rape, by force or threat of force, physical
harm, or through intimidation directed against the
senior citizen or his/her immediate family;

h) Engaging in purposeful, knowing or reckless
conduct, personally or through another that alarms
or causes substantial emotional or psychological
distress to the senior citizen. This shall include, but
not be limited to the following acts:

1. Stalking or following the senior citizen in
public or private places;

2. Peering in the window or lingering outside the
residence of the senior citizen;

3, Entering or remaining in the dwelling or on the
property of the senior citizen against his/her
will;

8)

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4, Destroying the property and __ personal
belongings or inflicting harm to animals or pets
of the senior citizens; and

5. Engaging in any form of harassment or
violence;

i) Causing mental or emotional anguish, public ridicule
or humiliation to the senior citizen, including but not
limited to, repeated verbal and emotional abuse.

Section 5. Penalties - The crime of abuse towards senior
citizens, under Section 4 hereof shall be punished according to
the following rules:

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

If these acts resulted in mutilation, it shall be punishable
in accordance with the Revised Penal Code, those
constituting serious physical injuries shall have the
penalty of the prison mayor; those constituting less
serious physical injuries shall be punished by prision
correccional; and those constituting slight physical
injuries shall be punished by arresto mayor.

Acts falling under section 4(b) shall be punished by
imprisonment of two degrees lower than the prescribed
penalty for the consummated crime no case be lower
than as specified in the preceding paragraph but shall in
no case be lower than arresto mayor.

b. Acts falling under Section 4(c) and 4(d) shall be
punished by arresto mayor;

c. Acts falling under Section 4(e) shall be punished by
prision correccional;

d. Acts falling under Section 4(f) shall be punished by
prision mayor;

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e. Acts falling under Section 4(g) and 4(h) shall be
punished by prision mayor.

In addition to imprisonment, the perpetrator shall (a) pay
a fine in the amount of not less than One hundred
thousand pesos (P100,00.00) but not more than three
hundred thousand pesos (P300,000.00); (b) undergo
mandatory psychological counseling or psychiatric
treatment and shall report compliance to the court.

Section 6. Venue. - The Regional Trial Court designated as
a Family Court shall have original and exclusive jurisdiction over
cases of abuse towards senior citizens under this Bill. In the
absence of such court in the place where the offense was
committed, the case shall be filed in the Regional Trial Court
where the crime or any of its elements was committed at the
option of the compliant.

Section 7. Reporting Mechanisms. For reporting of
incidences of abuse towards senior citizens, there will be a
special desk in every police precinct and barangay hall for Senior
Citizen Abuse concerns to monitor such incidences.

Section 8. Who may File a Complaint - Complaints on
cases of abuse towards senior citizen as enumerated herein may
be filed by the following:

1, Offended party;

2. Descendant or collateral relative within the second
degree of consanguinity;

3. Officer, social worker or representative of a licensed
senior citizen- caring institution;

4. Officer or social worker of the Department of Social
Welfare and Development;

5, Barangay chairman; or

6. At least three (3) concerned responsible citizens where
the violation occurred.

Section 9. Public Crime. - Abuse towards senior citizens
shall be considered a public offense which may be prosecuted
upon the filing of a complaint by any citizen having personal

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knowledge of the circumstances involving the commission of the
crime.

Section 10. Prohibited Defense. - Being under the
influence of alcohol, any illicit drug, or any other mind-altering
substance shall not be a defense under this Act.

Section 11. Duties of Prosecutors/Court Personnel. —
Prosecutors and court personnel should observe the following
duties when dealing with victims under this Act:

a) communicate with the victim in a language understood
by the senior citizen; and

b) inform the victim of her/his rights including legal
remedies available and procedure, and privileges for
indigent litigants.

Section 12. Duties of Barangay Officials and Law
Enforcers. - Barangay officials and law enforcers shall have the
following duties:

(a) respond immediately to a call for help or request for
assistance or protection of the victim by entering the necessary
whether or not a protection order has been issued and ensure the
safety of the victim/s;

(b) confiscate any deadly weapon in the possession of the
perpetrator or within plain view;

(c) transport or escort the victim/s to a safe place of their choice
or to a clinic or hospital;

(d) assist the victim in removing personal belongs from the house;
(e) assist the barangay officials and other government officers and
employees who respond to a call for help;

() ensure the enforcement of the Protection Orders issued by
the Punong Barangay or the courts;

(g) arrest the suspected perpetrator without a warrant when any
of the acts of violence defined by this Act 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 victim as defined in this Act; and

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(h) immediately report the call for assessment or assistance of the
DSWD, social Welfare Department of LGUs or accredited non-
government organizations (NGOs).

Any barangay official or law enforcer who fails to report the
incident shall be liable for a fine not exceeding Ten Thousand
Five Hundred Pesos (P10,500.00) or whenever applicable
criminal, civil or administrative liability.

Section 13. Healthcare Provider Response to Abuse-
Any healthcare provider, including, but not limited to, an
attending physician, nurse, clinician, barangay health worker,
therapist or counselor who suspects abuse or has been informed
by the victim of violence shall:

(a) properly document any of the victim's physical, emotional
or psychological injuries;

(b) properly record any of victim's suspicions, observations and
circumstances of the examination or visit;

(c) automatically provide the victim free of charge a medical
certificate concerning the examination or visit;

(d) safeguard the records and make them available to the
victim upon request at actual cost; and

(e) provide the victim immediate and adequate notice of rights
and remedies provided under this Act, and services
available to them.

Section 14, Duties of Other Government Agencies and
LGUs- Other government agencies and LGUs shall establish
programs such as, but not limited to, education and information
campaign and seminars or symposia on the nature, causes,
incidence and consequences of such violence particularly towards
educating the public on its social impacts.

It shall be the duty of the concerned government agencies and
LGU's to ensure the sustained education and training of their
officers and personnel on the prevention of abuse towards senior
citizens under the Act.

Section 15. Prohibited Acts. -APunong Barangay,
Barangay Kagawad or the court hearing an application for a
protection order shall not order, direct, force or in any way

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unduly influence he applicant for a protection order to
compromise or abandon any of the reliefs sought in the
application for protection 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 official or
judge administratively liable.

Section 16. Persons Intervening Exempt from Liability.
~In every case of abuse towards senior citizens as herein defined,
any person, private individual or police 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.

Section 17. Rights of Victims. - In addition to their rights
under existing laws, victims of abuse towards senior citizens
shall have the following rights:

(a) to be treated with respect and dignity;

(b) to avail of legal assistance form the PAO of the Department
of Justice (DOJ) or any public legal assistance office;

(c) To be entitled to support services form the DSWD and
LGUs’;

(a) To be entitled to all legal remedies and support as provided
for under the Family Code; and

(e) To be informed of their rights and the services available to
them including their right to apply for a protection order.

Section 18. Damages. - Any victim of violence under this
Act shall be entitled to actual, compensatory, moral and
exemplary damages.

Section 19. Hold Departure Order. -The court shall
expedite the process of issuance of a hold departure order in
cases prosecuted under this Act.

Section 20. Exemption from Payment of Docket Fee and
Other Expenses. -If the victim is an indigent or there is an

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immediate necessity due to imminent danger or threat of danger
to act on an application for a protection order, the court shall
accept the application without payment of the filing fee and other
fees and of transcript of stenographic notes.

Section 21. Inter-Agency Council on Abuse toward
Senior Citizens (IAC-ATSC). In pursuance of the
abovementioned policy, there is hereby established an Inter-
Agency Council on abuse towards Senior Citizens, hereinafter
known as the Council, which shall be composed of the following
agencies:

(a) Department of Social Welfare and Development (DSWD);

(b) Commission on Human rights (CHR);

(c) Department of Justice (DOJ);

(d) Department of the Interior and Local Government
(DILG);

(e) Philippine National Police (PNP);

(f) Department of Health (DOH);

(g) Department of Education (DepEd); and

(h) National Bureau of Investigation (NBI).

These agencies are tasked to formulate programs and projects to
eliminate ATSC based on their mandates as well as develop
capability programs for their employees to become more sensitive
to the needs of their clients. The Council will also serve as the
monitoring body as regards to ATSC initiatives.

The Council members may designate their duly authorized
representative who shall have a rank not lower than an assistant
secretary or its equivalent. These representatives shall attend
Council meetings in their behalf, and shall receive emoluments
as may be determined by the Council in accordance with existing
budget and accounting rules and regulations.

Section 22.Mandatory Programs and Services for
Victims. -The DSWD, and LGU's shall provide the victims
temporary shelters, provide counseling, psycho-social services
and /or, recovery, rehabilitation programs and livelihood
assistance.

The DOH shall provide medical assistance to victims.

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Section 23. Counseling and Treatment of Offenders. -
The DSWD shall provide rehabilitative counseling 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 24. Training of Persons Involved in Responding
to Abuse towards Senior Citizens Cases. -All agencies
involved in responding to abuse towards senior citizens cases
shall be required to undergo education and training to acquaint
them with:

a. the nature, extend and causes of abuse towards senior
citizens;

b. the legal rights of, and remedies available to, victims of

abuse towards senior citizens;

the services and facilities available to victims or survivors;

the legal duties imposed on police officers to make arrest

and to offer protection and assistance; and

e. techniques for handling incidents of abuse towards senior
citizens that minimize the likelihood of injury to the officer
and promote the safety of the victim or survivor.

ao

The PNP, in coordination with LGU's shall establish an education
and training program for police officers and barangay officials to
enable them to properly handle cases of abuse towards senior
citizens.

Section 25. Confidentiality. — All records pertaining to
cases of abuse towards senior citizens including those in the
barangay shall be confidential and all public officers and
employees and public or private clinics to hospitals shall respect
the right to privacy of the victim. Whoever publishes or causes to
be published, in any format, the name, address, telephone
number, school, business address, employer, or other identifying
information of a victim or an immediate family member, without
the latter's consent, shall be liable to the contempt power of the
court.

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Any person who violates this provision shall suffer the
penalty of one (1) year imprisonment and a fine of not more than
Five Hundred Thousand pesos (P500,000.00).

Section 26. Common Penal Provisions.

a. The penalty provided under this Act shall be imposed
in its maximum period if the offender has been
previously convicted under this Act;

b. The penalty provided herein shall be imposed in its
maximum period when the perpetrator is a collateral
relative within the second degree of consanguinity or
affinity or a manager or owner of an establishment
which has no license to operate or its license has
expired or has been revoked;

c. The penalty provided for in this Act shall be imposed in
its maximum period if the offender is a public officer or
employee. Provided however, That if the penalty
imposed is reclusion perpetua or reclusion temporal,
then the penalty of perpetual or temporary absolute
disqualification shall also be imposed. Provided finally,
that if the penalty imposed is prision correccional or
arresto mayor, the penalty of suspension shall also be
imposed, and

d. A fine to be determined by the court shall be imposed
and administered as a cash fund by the Department of
Social Welfare and Development and disbursed for the
rehabilitation of each senior citizen victim, or any
immediate member of his family if the latter is the
perpetrator of the offense.

SECTION 27. Implementing Rules and Regulations. - Within
six (6) months from the approval of this Act, the DOJ, the DSWD,
the DILG, the DOH, and the PNP, shall promulgate the
Implementing Rules and Regulations (IRR) of this Act.

Such rules and regulations shall take effect upon their
publication in two (2) national newspapers of general circulation.

SECTION 28. Suppletory Application - For purposes of this
Act, the Revised Penal Code and other applicable laws, shall have
suppletory application.

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Section 29. Repealing Clause. - All laws, presidential
decrees, letters of instructions, executive orders, rules and
regulations insofar as they are inconsistent with this Act, are
hereby repealed or amended as the case may be.

Section 30. Separability Clause. - In the event that any
provision of this Act or any portion thereof is declared
unconstitutional by a competent court, the other provisions shall
not be affected thereby and shall remain valid and enforceable.

Section 31. Effectivity Clause. - This Act shall take effect
after its complete publication in at least three (3) newspapers of
general circulation.

APPROVED.

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