FIFTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
) 
) 
) 
SENATE 
2352 
S.B.No. __ _ 
INTRODUCED BY SENATOR ALAN PETER "COMPANERO" S. CAYETANO 
EXPLANATORY NOTE 
Psalm 82:3 tells us to, 'Defend the weak and the fatherless; uphold the cause of 
the poor and the oppressed. 
Article 25, Paragraph 1 of the Universal Declaration of Human Rights explicitly 
states that, "Everyone has the right to a standard of living adequate for the health and 
well-being of himself and of his famjly, including food, clothing, housing, and medical 
care and necessary social services, and the right to security in the event of 
unemployment, sickness, disability, widowhood, old age or other lack of livelihood in 
circumstances beyond his control." 
Clearly, programs for the protection and welfare of the elderly is urgent and 
always a priority. Many countries have already begun to realize the importance of 
attending to the rights, welfare and protection of the elderly. Unfortunately, in the 
Philippines there is much to be done to improve the welfare of the elderly. 
The 
Government should begin to take responsibility for the protection of the elderly in order 
to assure them of their basic rights, particularly in the area of health care. 
Protecting the elderly in Philippine society is our duty as individuals and as a 
nation. Usually, this practice is done within traditional support networks such as the 
extended family. However, current realities in the Philippines have begun to challenge 
the capacity of traditional social structures such as the family to provide the minimum 
basic needs of the elderly. Today, there are elderly citizens in our community living lives 
of quiet desperation. They may have been left without any family members to depend 
on for support and sustenance. Many have been frowned upon by circumstances and 
have been left with no financial means. Many are subject to discrimination and are 
often perceived as easily taken advantage of, and consequently become victims of 
neglect, psychological and physical abuse. Indigent, sick and alone, many of the elderly 
are weak and vulnerable as they stand today. 
The State must not ignore this situation of helplessness faced by the elderly, 
especially those who have no family members to run to for support. The needs of the 
elderly have been overshadowed by seemingly more urgent and pressing issues. 
Instead of ignoring this issue, the state must be at the forefront of providing greater 
collective and institutional support to augment the role of traditional support systems 
such as the family in the care of the elderly. 
This proposed measure seeks to protect and provide for the welfare benefits that 
will ensure the basic health needs of our elderly. It mandates that all elderly in need 
shall be entrusted in the care of the proper institution, to ensure that they are given 
adequate shelter and care. Health needs and hospitalization support are also provided. 


• 
The concept of social justice comes into play when there are those who are weak 
and cannot fend or provide for themselves wherein the State must step in and act. 
In view of the foregoing, and to protect the rights of the elderly, the approval of 
this bill is earnestly sought. 
<' 4)1§: c 
;::. _ 
SEN. ALAN PETER "COMPANERO" S. CAYETANO 


FIFTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
) 
) 
) 
SENATE 
S. B. No. 
235:~ 
INTRODUCED BY SENATOR ALAN PETER "COMPANERO" S. CAYETANO 
AN ACT 
PROVIDING FOR A SOCIAL JUSTICE AND WELFARE PROGRAM FOR THE 
PROTECTION AND CARE OF THE ELDERLY WITHOUT ANY IDENTIFIABLE 
FAMILY MEMBERS OR WITHOUT ANY MEANS OF SUPPORT 
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled: 
Section 1. Short Title.- This Act shall be known as the" Welfare and Protection 
Act for the Elderly of 2010" 
Section 2. Declaration of Policy.- It is the declared policy of the State to protect 
the elderly in society. For this purpose, priority shall be given to promote the health and 
welfare of the elderly, especially those who are indigent. Sickly and without family 
support. 
Section 3. Definition of Terms.- For purposes of this Act. the following terms 
are defined: 
a.) "Home for the Aged" refers to any twenty-four hour residential care facility or 
center, whether public or private, duly accredited by the Department of Social 
Welfare and Development (DSWD), that provides shelter and care to five or more 
elderly, whether able-bodied or disabled; 
b.) "Elderly" refers to any male or female, 60 years old and above, with no 
identifiable family member or without any means of support or sustenance; 
c.) "Hospitalization" refers to the event where the elderly necessitates medical 
care in a hospital, whether in-patient or out-patient. 
Section 4. Coverage.-
All elderly, under the care of the home for the aged 
institutions, whether public or privat~, with a reputable track record in participating and 


contributing to the betterment of the elderly shall be covered by the provisions of this 
Act 
Section 5. Mandatory Philhealth Enrolment.- The national government through 
the DSWD shall ensure that all elderly covered by this Act, are bona fide members of 
Phil health. Phil health premiums of such elderly shall be regularly paid by the national 
government through the DSWD. 
Section 6. Entrusting of Care to Centers.-
All elderly, as defined in Section 
3(b) of this Act must be entrusted under the care and custody of recognized horne for 
the aged institutions duly accredited by the DSWD. 
Section 7. Regular Checkups.- The horne for the aged institution shall facilitate 
the monthly visits of medical personnel to the elderly centers to make sure that the 
health issues of the elderly are monitored and addressed properly. 
Section 8.- Hospitalization.-
In the event that the hospitalization Of the elderly 
is necessary to his or her health and well-being, the horne for the aged institution must 
immediately attend to such need. The hospitalization bill of the elderly in a hospital shall 
be paid by the State through the DSWD. A special fund in the amount of 
P100,000,000.00 (One Hundred Million Pesos) shall be set aside annually by the 
DSWD for the payment of the hospitalization bills. 
Section 9.- Registration and Inspection.- The Secretary of DSWD shall cause 
the creation and maintenance of a register for all licensed horne for the aged 
institutions. The Secretary shall also cause and order the inspection of the premises of 
the home for the aged institutions to ensure that a healthy environment is maintained for 
the elderly. 
Section 10. Incentives to LGU's.- The National Government shall 
grant 
additional incentives to local government units which implement a counterpart Program. 
Section 11. Implementing Rules and Regulations. -
The Senate and the 
House, in consultation with the Department of Social Welfare and Development 
(DSWD), Department of Interior and Local Government (DILG), Department of Health 
(DOH), NGO's and other agencies deemed necessary to consult, shall issue the 
Implementing Rules and Regulations (IRR) within ninety (gO) days after the approval of 
this Act. 


Section 12. Separability Clause. -
If any provision of this Act is declared 
unconstitutional, the same shall not affect the validity and effectivity of the other 
provisions hereof. 
Section 13. Repealing Clause.- All laws, decrees, orders, issuances or portion 
thereof, which are inconsistent with the provisions of this Act are hereby repealed or 
modified accordingly. 
Section 14. Effectivity -
This Act shall take effect fifteen (15) days after its 
publication in two (2) national newspapers of general circulation. 
Approved,