Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City
SEVENTEENTH CONGRESS
Second Regular Session
House Bill No, 6610

Introduced by HON. FRANCISCO G. DATOL, JR.,
HON. RAUL A. DAZA and HON.EUGENE MICHAEL B. DE VERA

EXPLANATORY NOTE

Section 4, Article XV of the Constitution declares that it is the duty of the family “to take care of its
elderly while the State may design programs of social security for them”.

Upon this constitutional basis, this bill aims to amend certain provisions of the Revised Penal Code (RPC),
specifically Amncles 13 and 14, relating to the mitigating and aggravating circumstances affecting the elderly and senior
catwzens.

Senior citizens are, generally, frail, fragile, sensitive, susceptible to diseases and have weak reflexes. Unlike younger
people, they could not put up a stand to defend themselves in case of any attack or violence inflicted against them.

Acconting to World Health Organizanon (WHO), old age can be considered as a disorder of the self-regulation
system in organism and a destroying process, when adoptive features of the organism are decreasing and the chance of death
1s increasing, In other words, the elderly people are generally in the twilight years of their remaining lives on earth,

Under our criminal justice system, minority as an age factor, would be considered as aggravating and mitigating,
<ircumstance in the commission of a crime. In like manner, semority should be place in equal footing as either an aggravating
or mitigating circumstance, if only to recognize the right of the elderly and semor citizens.

Hence, to serve as a deterrent to all would-be offender to wctimyze old, elderly and semor citizens in the commission
of an offense, it ts proposed that the age factor of the victim be considered as an aggravating circumstance under Articles
14 of the RPC. Similarly, if the offender is an elderly oF senior citizen, due to their natural tendencies of having madequate,
mental and physical facunes.

‘enmedite considertion and approval ofthis il i most eames sought

waa ae

Senior Citizens Party-List Jor, lo. Norther Samar

mA Uf B. DE VERA
Representative
ABS Party-List


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City
SEVENTEENTH CONGRESS
Second Regular Session

Hovse Bil No. 6610

Introduced by HON. FRANCISCO G. DATOL, JR.,
HON. RAUL A. DAZA and HON.EUGENE MICHAEL B. DE VERA

AN ACT
PROVIDING AS AGGRAVATING CIRCUMSTANCE WHEN THE VICTIM OF A CRIME IS A
SENIOR CITIZEN AND MITIGATING CIRCUMSTANCE WHEN THE OFFENDER IS A
SENIOR CITIZEN AND AMENDING FOR THE PURPOSE ACT NO. 3815 OTHERWISE
KNOWN AS THE REVISED PENAL CODE

Beit enacted by the Hause of Representatives ofthe Philippines in Cangress accembled:

SECTION 1. Articles 13 and 14, Revised Penal Code, (Act No. 3815) as amended, are hereby further amended
to read as follows:

Ast. 13, Mitigating circumstances. -"The following are mitigating circumstances:

xxx

9. That the offender is a senior citizen of the Philippines who it
old at the time of the commission of the offense.

t least sixty (60) years

Xxx

Art. 14. Aggranating circumstances, ~The following. are aggravating circumstances:

xxx

3. That the act be committed with insult or in disregard of the respect due the offended
party on account of his rank, oF sex, or that it be committed in the dwelling of the offended party,
if the latter has given provocation.

3A. That the act be committed against the offended party who is a senior citizen of the
Philippines and who is at least sixty (60) years old at the time of the commission of the offense.

SECTION 2. Repealing Clause. — All laws, decrees, executive orders, rules and regulations, or parts thereof which
are inconsistent with this Act are hereby repealed, amended or modified accordingly.

CTION 3. Effectvity. ~ This Act shall take effect fifteen (15) days after its publication in the Official Gazette or
in at least two (2) newspapers of general circulation.

Approved,