REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

House Bill No._3295

Introduced by Pangasinan Fifth District Representative
HON. RAMON V. GUICO IIL

EXPLANATORY NOTE

The elderly population in the Philippines is steadily increasing in the past decade.
According to the Commission on Population (POPCOM), the country is moving toward an aging
society. POPCOM estimated that by year-end 2018 the elderly Filipinos or those over 60 years old
will constitute 8.2% of the population. Of this group, 5,082,049 will be 65 and older. It is predicted
that the percentage of elderly Filipinos will increase by 6.3% in 2030. Of this group, many are poor,
living alone, widowed, and abandoned who do not have the financial means to sustain an adequate
quality of life.

The lack of institutional care in the country has left the graying population in the hands of
family members. Unfortunately, those who belong to the lower socioeconomic status may not provide
adequate care to an ailing loved one. Moreover, older Filipinos often are not able to save for
retirement because they may have young dependents. As a result, they may have to sacrifice their
financial assets to care for younger members of the family. There is also a glaring disparity in services
received by older Filipinos living in urban and rural areas, with the former receiving better and
adequate services than the latter. There is, therefore, a need to equalize these services to ensure quality
life among all social classes.

As provided in the Constitution of the Republic of the Philippines, it is the declared policy of
the state to promote the welfare of all Filipinos to free the people from poverty through policies that
provide adequate services. As such, this bill is proposed. Under this Act, the National Elderly Care
Program shall provide measures necessary for the maintenance of the elderly’s physical and mental
health and for the stabilization of their livelihoods, and thereby to promote their general welfare.

It is only right that we provide the best care to our elderly who have contributed to the
development of society for many years.

In view of the foregoing, immediate approval of this measure is earnestly sought.

\

Rep. Ramon V. Gui¢o II



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REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

House Bill No. _3295

Introduced by Pangasinan Fifth District Representative
HON. RAMON V. GUICO II

AN ACT
TO ADOPT A NATIONAL ELDERLY CARE PROGRAM AS A STRATEGY TO
PROMOTE THE MAINTENANCE OF THE PHYSICAL AND MENTAL HEALTH ANI
FOR IMPROVING THE WELFARE OF THE ELDERLY

Be it enacted by the Senate and House of Representatives of the Philippines in Congress
assembled,

CHAPTER 1
GENERAL PROVISIONS

SECTION 1. Short Title—This Act shall be known as the “National Elderly Care

Program.

SEC. 2. Declaration of Policy.—It shall be the policy of the State to promote, ensure, and
protect the general welfare of the elderly through policies that provide institutional care for the
elderly, ensure access to affordable and quality service, alleviate poverty, and reduce the vulnerability

to economic shocks. In pursuance thereto, the State shall:

a. Take responsibility to promote the welfare of the elderly;

b. Implement policy measures related to the welfare of the elderly and pay due regard
so that such policy measures embody the basic principles set forth in this Act and
in the Constitution;

c. Ensure that authorized officers for the lives of elderly persons shall, in carrying

out services, endeavour to improve the welfare of the elderly;


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|. Secure and respect the rights of elderly persons, as persons who have contributed

to the development of society for many years and who have abundant knowledge
and experience, such that they may live a healthy and comfortable lives;

Make efforts so that, through a recognition of the changes within the mind and
body caused by aging, elderly persons may maintain their physical and mental
health at all times, and efforts shall also be made so that the elderly may take
advantage of their knowledge and experience and participate in social activities;

and

Afford opportunities to elderly persons so that they may engage in suitable and
decent work or to otherwise participate in social activities, depending on their
preferences and capabilities.

SEC. 3. Scope and Coverage—NECP shall cover any person being a citizen of the
Philippines, who has attained the age of sixty years or above, who does not have sufficient means, as

determined by the State, to maintain a comfortable lifestyle.

SEC. 4. Definition of Terms.— For purposes of this Act, the following terms shall be defined

._ “Elderly” refers to any person being a citizen of Philippines, who has attained the

age of sixty years or above;

. “Nursing Home” refers to establishments that provide residential care for the

elderly by licensed health care professionals including, but not limited to,

physicians, nurses, midwives, physical therapist, and caregivers;

.. “Caregiver” refers to any paid person who provides help for the daily activities

and needs of the elderly; and

|. “Medical Support” refers to any assistance offered to the elderly for the efficient,

effective, and responsive delivery of medical services.

CHAPTER II
THE NATIONAL ELDERLY CARE PROGRAM


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SEC. 5. The National Elderly Care Program (NECP). ~ The National Elderly Care Program
is the national strategy that prioritizes the distinct and special needs of the elderly through the
provision of adequate and quality medical care and the protection of their life and property.

The Department of Social Welfare and Development (DSWD) shall serve as the central
planning, coordinating, implementing, and monitoring body of the program.

In the implementation of this Act, the DSWD shall perform the following functions:

a. Formulate and implement policies, plans and programs for the welfare of the elderly;

b. Establish and maintain community-based health and rehabilitation, educational, and
socio-economic programs for the elderly;

c. Coordinate with different national and local government agencies, including non-
‘government organizations (NGOs), people’s organizations (PO) for the elderly to ensure
full implementation of statutory commitments herein;

d. Coordinate with the Department of Health (DOH), including local government units
(LGUs), NGOs, and Pos, to institute a national health program and to provide integrated
health service for the elderly.

SEC. 6. Medical Support for the Elderly. - The State shall ensure that:

a. Government hospitals or hospitals funded fully or partially by the Government
shall provide beds for all elderly as far as possible;

b. Separate queues be arranged for the elderly;

c. Facility for treatment of chronic, terminal, and degenerative diseases shall be

expanded for the elderly;

d. Research activities for chronic elderly diseases and aging shall be expanded; and


e. There shall be an earmarked facilities for geriatric patients in every district hospital
duly headed by a medical officer with expertise in geriatric care.

SEC. 7. Publicity and awareness. — The State shall, take all measures to ensure that:

a. The provisions of this Act shall be given wide publicity through public media
including the television, radio and the print, at regular intervals;

b. National and Local Government officers, including the police officers and the
members of the judicial service, shall be given periodic sensitization and
awareness training on the issues related to this Act;

c. There shall be effective coordination between the services provided by the
concerned government agencies dealing with law, home affairs, health and
welfare, to address the issues relating to the welfare of the elderly.

d. Hold educational seminars and recreational events to facilitate the maintenance
of elderly persons’ physical and mental health, and any other program available
for elderly persons’ voluntary and active participation (hereinafter referred to as a

"senior health programs").

SEC. 8. Accomodation in Nursing Homes for the Elderly The State shall implement the

following measures as the necessity arises:

a. Allow a person who is 60 years of age or older with financial difficulties to be

admitted to a nursing home for the elderly;

. In cases where the nursing home finds that it is extremely difficult to admit a person

who is 60 years of age or older, due to substantial physical or mental impairment to a
community-based facility for the elderly, the elderly must be admitted to an intensive
home care for the elderly;

. Entrust a caregiver, as determined appropriate by the proper authority, to take care of

‘a person who is 60 years of age or older.


d. Incase of death of the elderly and in the absence of a person to provide funeral service
for the elderly, the State may perform such funeral service, or may implement a
measure to consign the performance of such funeral service to the nursing home for
the elderly, intensive care home for the elderly or a consigned caregiver who had
accommodated or taken care of such elderly person.

SEC. 9. Promotion of Research and Development. — The State shall encourage research and
development on the multifaceted areas of aging:

a. Endeavour to promote research and development for nursing care methods that
respond to the psychosomatic attributes of the elderly, as well as research and
development for equipment to facilitate activities in elderly persons’ daily lives and
equipment for functional training intended for use by persons suffering difficulties
with activities in their daily lives due to physical or mental impairment.

SEC. 10. Advisory Council.- An Advisory Council shall be created at the regional and
national levels to be headed by the DSWD.

The regional advisory councils and NAC shall have, as members, representatives from
DSWD, Department of Health (DOH), and Department of Interior and Local Government (DILG).
The regional advisory councils and NAC shall also have, as additional members, two (2)
representatives from accredited nongovernmental organizations working and private sector

specializing in elderly care.

The Advisory Council shall have the following functions:

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

b. Recommend to the Congress measures and policies for the efficient and effective
delivery of the commitments and goals under this Act and integration with the
general goal of the government to improve the welfare of the elderly;


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c. Ensure that the funding required for the commitments under this Act shall be
included in the annual budgets of the government agencies implementing this Act;

and

d. Promulgate a grievance redress system and receive complaints pertinent to the

implementation of this Act.

SEC. 11. Monitoring, Evaluation, and Reporting of the NECP. - The DSWD shall monitor
the implementation of the program and report its status at least once every three (3) years. The report
shall include the findings of the Advisory Council. The DSWD shall annually publish a full report of
the NECP.

SEC. 12. Appropriations. — The initial amount necessary to carry out the provisions of this
Act shall be charged against the current appropriated funding of the DSWD and any subsequent
appropriations shall be included in the annual General Appropriations Act.

SEC. 13. Implementing Rules and Regulations. - The DSWD, in consultation with concerned
agencies and stakeholders, shall promulgate the implementing rules and regulations of this Act within
ninety (90) days from the effectivity of this Act.

SEC. 14. Repealing Clause.—All laws, decrees, executive orders or parts thereof inconsistent

with the provisions of this Act is hereby repealed or modified accordingly.

SEC. 15. Separability Clause.—If any part or provision of this Act is declared invalid or
unconstitutional, the other parts not otherwise affected shall remain in full effect and force.

SEC. 16. Effectivity.—This Act shall take effect fifteen (15) days after its complete

publication in at least two newspapers of general publication.

Approved,