Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
Second Regular Session

House Bill No, _— 4946

Introduced by Honorable Sherwin T. Gatchalian

EXPLANATORY NOTE

Filipino culture and society places great emphasis on respect and care
for our elders, The family unit usually consists of not only the members of the
immediate family but also of grandparents that are taken in and cared for by
their descendants, Unlike western societies, Filipinos choose to take care of
their elders themselves in their homes as a sign of gratitude and respect.

However, there are rising incidents of abandonment and neglect of the
elderly in the country today. This can be attributed to various reasons such as
the economic reality of spending for the care of an elderly person which may
become unbearable for households that do not earn enough, family problems
that may lead the elderly and their children to become estranged and the
incapability to care for the elderly because of a busy schedule or work related
issues.

‘The city of Valenzuela is a witness to this phenomenon. In 2012, the city
established a halfway home dubbed as “Bahay Kalinga”. Today, there are
currently 25 homeless or abandoned senior citizens receiving housing and
healthcare at Bahay Kalinga. The home serves as a halfway house for the
seniors while the local government helps them in contacting their existing
relatives. However, only two of the occupants have been successful in getting
their relatives to take them in from the home. Because of the low success rate
of placing the elderly with their relatives, plans are already underway to expand
the facility in order to house more future occupants.


Bahay Kalinga seeks to provide a ‘home like” environment for the
seniors. After a check-up at the city hospital to determine their health
conditions, each occupant are allotted P5,000.00 for their medical needs. There
are three staff members and a nurse who cares for the occupants daily, while a
city doctor comes in once a week to give the occupants a medical check-up.

Under Article XIII, Section 11 of the 1987 Constitution, the protection of
the welfare of our seniors is assured. It states;

“The State shall adopt an integrated and comprehensive approach to
health development which shall endeavor to make essential goods, 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. The State shall endeavor to provide free medical care to paupers.”

Furthermore, Article XV, Section 4 mandates that the State shall have
the duty to care for its elderly. It states;

“The family has the duty to care for its elderly members but the State
may also do so through just programs of social security.”

With the growing number of unattended, neglected, abandoned and
homeless senior citizens in the country, this bill seeks to establish a nursing
home that will care for the elderly, similar to services provided by Bahay
Kalinga, to be operated by the Department of Social Welfare and Development
in every city or municipality in the Philippines.

In view of the foregoing, the immediate passage of this bill is earnestly
sought.



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
Second Regular Session

House Bill No. 4946

Introduced by Honorable Sherwin T. Gatchalian

AN ACT
ESTABLISHING A NURSING HOME FOR HOMELESS AND ABANDONED
SENIOR CITIZENS IN EVERY CITY OR MUNICIPALITY IN THE
PHILIPPINES, APPROPRIATING FUNDS 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 “Homes for
Abandoned Seniors Act of 2014.”

SEC. 2. Declaration of Policy. - It is hereby declared the policy of the
State to value the dignity of every human person, guarantee full respect for
human rights, extend assistance to its elderly citizens through programs of
social security and promote the right to health and safety of senior citizens.
Towards this end, the State shall extend assistance to abandoned and
homeless senior citizens through a program social care and security.

SEC. 3. Definition of Terms. - As used in this Act, the following terms
shall mean:

a, Abandoned Senior Citizen refers to a senior citizen who has been
deserted, permanently or temporarily, by his relatives or persons who have
general or legal responsibility over the senior, and/or from whom all basic care
have been withdrawn, whether wilfully or not;


b. Homeless Senior Citizen refers to a senior who lacks a fixed, regular
residence, or whose current residence is unfit for human habitation or lacks
resources to obtain proper housing;

c. Nursing Home refers to a home for the aged, established and
maintained under this Act by a city or municipality which provides living
accommodations, food and clothing, medical and health care, recreational and
social interaction activities for abandoned or homeless senior citizens;

d. Senior Citizens refers to any resident citizen of the Philippines at least
sixty (60) years of age.

SEC. 4, Establishment of Nursing Homes. ~ There shall be established
in every municipality and city, a nursing home to serve abandoned and
homeless senior citizens, to be built by the local government units concerned
and shall be operated and maintained by the Department of Social Welfare and
Development in coordination with the local government units concerned.

SEC. 5. Functions of Nursing Homes. - The homes shall provide
homeless or abandoned senior citizens within its territorial jurisdiction
institutionalized residential care programs and services such as but not limited
to:

Comfortable living quarters;
Adequate food and clothing;
Medical consultation or treatment;
Health Care;
Occupational opportunities;
Recreational and social interaction activities;
Counseling;
Case conference;
Family dialogue:
Outreach to existing family for reintegration;
Literacy education;
Productivity development;
. Religious, cultural and vocational activities

Bow Tre me po op

SEC. 6. Implementing Rules and Regulations. - The Secretary of the
Department of Social Welfare and Development in coordination with the
Department of Interior and Local Government, Department of Health and the
Federation of Senior Citizens Associations of the Philippines shall hereby
promulgate the rules and regulations to carry out the provisions this Act not
later than ninety (90) days after its effectivity.

SEC. 7. Exemptions of the Nursing Home. - The established Nursing
Home shall be exempted from the payment of customs duties, taxes and tariffs
on the importation of equipment and supplies used actually, directly and


exclusively by the Nursing Home pursuant to this Act, including those donated
to the Nursing Home.

SEC. 8. Appropriations. - The amount necessary to carry out the
provisions of this Act shall be included in the General Appropriations Act of the
year following its enactment into law and every year thereafter.

SEC. 9. Separability Clause. ~ If any provision of this Act is declared
invalid or unconstitutional, the provisions not affected thereby shall remain in
full force and effect.

SEC. 10. Repealing Clause. - All laws, presidential decrees, executive
orders, presidential proclamations, rules and regulations or parts thereof
contrary to or inconsistent with this Act are hereby repealed or modified
accordingly.

SEC. 11. Effectivity. - This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or at least two (2) national papers of general
circulation.

Approved,