Republic of the Philippines
House of Representatives
Quezon City, Metro Manila

TWENTIETH CONGRESS
First Regular Session

HOUSE BILL No. 44

Introduced by HONORABLE ERNESTO “ERNIX” M. DIONISIO, JR.

AN ACT DEFINING AND PROTECTING ELDERLY FROM ABUSE, PROVIDING
PENALTIES THEREFORE, AND FOR OTHER PURPOSES

EXPLANATORY NOTE

In a report released by the World Health Organization entitled "World Report on
Violence and Health" between 4% and 6% of elderly individuals experience some form of
abuse in their homes. On the other hand, incidence of abuse of elderly placed in
institutions may be more extensive than generally believed, as suggested in the few
population-based surveys conducted in countries like the United States, Canada, Finland
and United Kingdom.

In 2004, 40% of elder respondents in a study conducted by Dr. Edna E.A. Co,
professor from the University of the Philippines-National College of Public Administration
and Governance (UP-NCPAG), entitled "The Case of the Philippine Older Persons:
Finding a Place in the Human Rights Domain" had personal experience of violence
against the elderly. It was found that the most common type of the violence that they
experienced was the verbal abuse. The study also showed that the most common
perpetrators of violence were their children and other family members, who were
supposedly primary carers of our elderly individuals in the Filipino culture. This study of
Dr. Co was cited in one of the workshops of the Commission on Human Rights of the
Philippines held in 2017.

Violence against the elderly has not been fully defined but it ranges from physical,
psychological, or emotional abuse, material or financial exploitation and even negligence.
Many of these cases of violence are either not properly reported or not reported at all to
the authorities.


Presently, there is no specific or dedicated legislation on the prevention and
protection of elders from such abuse or any statutes that provide redress for victims and
other services for those subjected to elder abuse.

Enshrined in our Constitution is the duty of the State to design programs of social
security for its elderly members. Thus, the proposed bill seeks to provide the elderly who
are victims of the violence, with protection and the necessary assistance to ensure their
personal safety and security and to prevent the recurrence of violent acts committed
against them.

Hence, the passage of this bill is earnestly sought.

HON ERNESTO “ERNIX” M. DION!
LU Representative
4 First Congressional District of Manila

10, JR.


Republic of the Philippines
House of Representatives
Quezon City, Metro Manila

TWENTIETH CONGRESS
First Regular Session

HOUSE BILL No. 44

Introduced by HONORABLE ERNESTO “ERNIX” M. DIONISIO, JR.

AN ACT DEFINING AND PROTECTING ELDERLY FROM ABUSE, PROVIDING
PENALTIES THEREFORE, AND FOR OTHER PURPOSES:

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 "Protection of the Elderly from
Violence."

SECTION 2. Declaration of Policy. -Enshrined in Section 4, Article XV of 1987 Philippine
Constitution is the duty of the family to take care of its elderly members while the State
may design programs of social security for them. Additionally, Section 11, Article Xill of
the same Constitution provides that the State shall adopt an integrated and
comprehensive approach to 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

SECTION 3. Definition of Terms

1. Elderly. - refers to any individual who is aged 60 or older; and

2. Violence Against the Elderly- refers to any type of violence or abuse, whether
physical abuse or violence, sexual, psychological or emotional abuse, material
or financial exploitation, and neglect, inflicted upon an elderly individual.

SECTION 4. The following are the acts of violence against the elderly in five general
categories:


1. Physical abuse - are acts committed with intention of causing bodily or physical
harm. Any act leading to physical or bodily pain such as bruises, sprains, welts,
abrasions and fractures and injury is classified under this;

2. Sexual abuse - refers to any act which is sexual in nature, committed against
the elderly. It includes rape, acts of lasciviousness, sodomy, coerced nudity,
and sexually explicit photographing and unwanted touching;

3. Psychological or emotional abuse - involves verbal assaults, threats,
humiliation, and ridicule which result to mental or emotional anguish. Such
abuse is usually accompanied by physical abuse but may happen separately;

4. Material or financial abuse - unauthorized, or improper act or process of an
individual that uses the resources of an elderly for monetary or personal
benefit, profit, or gain, or that results in depriving an elder of rightful access to,
or use of, benefits, resources, belongings, or assets. This includes misuse of
property or money, theft, or forced signing of legal documents;

5. Neglect - refers to lack of care of the elderly. It can be either unintentional
failure of those responsible to feed, provide shelter or health care, or protection
to the elderly or the deliberate withholding of items needed for daily living such
as food, medicine, companionship and care, especially from those who are
physically dependent.

SECTION 5. Penalties. - The crime of Violence Against the Elderly under Section 4
hereof shall be punished according to the following rules:

1. Acts falling under Sec. 4(1) shall be punished in accordance with the provisions
of the Revised Penal Code (RPC);

2. Acts falling under Sec. 4(2) shall be punished in accordance with the provisions
of the RPC;

3. Acts falling under Sec. 4(3) shall be punished by prision correccional;

4. Acts falling under Sec. 4(4) which is covered in the RPC shall be punished in
accordance to the Code. However, acts not found in the RPC such as the
unauthorized, or improper use of the resources of an elderly, depriving an
elderly of rightful access to, or use of, benefits, resources, belongings, or
assets, misuse of property or money, or forced signing of legal documents shall
be punished prision correccional; and

5. Acts falling under Sec. 4(5) shall be punished by prision correccional.

The penalty provided shall be imposed in its maximum period if:
(a) The offender-perpetrator has been previously convicted under this Act or a


habitual delinquent;

(b) The offender is a descendant, collateral relative, family relative up to the 2nd
degree of consanguinity or affinity or guardian;

(c) The offender is an owner-operator, manager or employee of a privately-
operated elderly facility; and

(d) The offender is a public official, staff or employee of government-operated
elderly residential home. Provided that said public official, staff or employee
may be subjected to suspension and/or termination according to administrative
disciplinary procedures.

SECTION 6. The Regional Trial Court designated as a Family Court shall have original
and exclusive jurisdiction over cases of violence against the elderly under this law. 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 complainant.

SECTION 7. Protection Orders. - A protection order is an order issued under this Act for
the purpose of preventing further acts of violence against the elderly and granting other
necessary relief. The relief granted under a protection order serves the purpose of
safeguarding the victim from further harm, minimizing any disruption in the victim's daily
life, and facilitating the opportunity and ability of the victim to independently regain control
over his/her life. The provisions of the protection order shall be enforced by law
enforcement agencies. The protection orders that may be issued under this Act are the
Barangay Protection Order (BPO), Temporary Protection Order (TPO) and Permanent
Protection Order (PPO).

SECTION 8. Public Crime. - Violence Against the Elderly shall be considered as a public
offense which may be prosecuted upon the filing a complaint by any citizen having
personal knowledge of the circumstances involving the commission of the crime.

SECTION 9. Response to Violence Against the Elderly.

Healthcare Provider - 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.

2. DSWD - Shall provide the victims temporary shelters, provide counselling,
psycho-social intervention and/or recovery, rehabilitation programs and
livelihood assistance.

3. Office for Senior Citizens Affairs (OSCA) - Shalll include services addressing
the Violence Against the Elderly. Al suspected cases must be reported in
accordance with the existing laws. OSCA, in coordination with the Local Social
Welfare and Development Office, shail also maintain its own documentation
and monitoring systems of the cases.

4. 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.

SECTION 10. Rights of Victims. - In addition to their rights under existing laws, victims
of violence against the elderly shall have the following rights:

1. To be treated with respect and dignity;

2. To avail of legal assistance from the PAO of the Department of Justice (DOJ)
or any public legal assistance office;

3. To be entitled to support services form the DSWD and LGUs'

4. Tobe entitled to all legal remedies and support as provided for under the Family
Code; and

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

SECTION 11. Damages. - Any victim of violence under this Act shall be entitled to actual,
compensatory, moral and exemplary damages.


SECTION 12. Training of Persons Involved in Responding to Violence Against the
Elderly Cases. - Al agencies involved in responding to violence against the elderly cases
shall be required to undergo education and training to acquaint them with:

1. The nature, extent and causes of violence against the elderly;

2. The legal rights of, and remedies available to, victims of violence against the
elderly;

3. The services and facilities available to victims or survivors;

4. The legal duties imposed on police officers to make arrest and to offer
protection and assistance; and

5. Techniques for handling incidents of violence against the elderly that minimize
the likelihood of injury to the officer and promote the safety of the victim or
survivor.

The PNP, in coordination with LGUs shall establish an education and training
program for police officers and barangay officials to enable them to properly handle
cases of violence against the elderly.

SECTION 13. Confidentiality. - Al records pertaining to cases of violence against the
elderly including those in the barangay shall be confidential and all public officers and
employees and public or private clinics/hospitals shall respect the right to privacy of the
victim. Any person who shall make public any relevant or identifying information about the
case or the victims shall be liable to the contempt power of the court and shall suffer the
penalty of one (1) year imprisonment and a fine of not more than Five Hundred Thousand
pesos (P500, 000.00).

SECTION 14. Funding - The amount necessary to implement the provisions of this Act
shall be included in the annual General Appropriations Act (GAA).

SECTION 15. Implementing Rules and Regulations. - The Department of Justice (DOJ,
Department of Social Welfare and Development (DSWD), Department of Interior and
Local Government (DILG) and other concerned government agencies, shall formulate,
within one hundred eighty days (180) from its effectivity, the rules and regulations
necessary to implement provisions of this Act.

SECTION 16. Suppletory Application - For purposes of this Act, the Revised Penal
Code and other applicable laws, shall have suppletory application

SECTION17. Separability Clause. - If any part hereof is held invalid or unconstitutional,
the remainder of the provisions not otherwise affected shall remain valid and subsisting.


SECTION 18. Repealing Clause. - Any law, presidential decree or issuance, executive
order, letter of instruction, administrative order, rule or regulation contrary to or
inconsistent with the provisions of this Act is hereby repealed, modified or amended
accordingly.

SECTION 19. Effectivity Clause. - This Act shall take effect fifteen (15) days from its
Publication in the Official Gazette or in at least two (2) new papers of general circulation.

Approved,