Republic of the Philippines (sf RECEIVED
House of Representatives [> owe: DED 6 200
Quezon City, Motes Manila an pal
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EIGHTEENTH CONGRESS € Sy
First Regular Session NoEX

House Bill No._5822

INTRODUCED BY
REP. ALFRED VARGAS

AN ACT
DEFINING AND PENALIZING CRIMINAL NEGLECT OF A VULNERABLE ELDERLY
PERSON OR A PERSON WITH DISABLITY

EXPLANATORY NOTE

As enshrined in the 1987 Constitution, “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 costs.
There shall be priority for the needs of the underprivileged, sick, elderly, disabled, women
and children.” (Article XIII, Section 11)

“The family has the duty to care for its elderly members but the State may also do
so through just programs of social security.” (Article XV, Section 4)

The issues concerning rising incidents of abandonment of elderly and persons
with disability (PWD) were raised upon this Representation’s consultation with the
senior citizens and PWD sectors. The problem is often attributed to the migration of
young family workers, as well as the costs for elderly or disability care being
unaffordable to low income households.

Recognizing the rights of the elderly and the PWD communities to respect, care,
and protection, this bill seeks to penalize the criminal neglect of vulnerable elderly
persons and PWDs.

In view of the foregoing, the passage of this measure is earnestlypou;

ALFRED VARGAS


Republic of the Philippines
House of Representatines
Quezon ify, Meteo Manila

EIGHTEENTH CONGRESS
First Regular Session

House Bill No. Races
— Ss

INTRODUCED BY
REP. ALFRED VARGAS

oo

AN ACT
DEFINING AND PENALIZING CRIMINAL NEGLECT OF A VULNERABLE ELDERLY
PERSON OR A PERSON WITH DISABLITY

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

Section 1. Declaration of Policy - This Act shall be known as the “Care for the
Elderly and Persons with Disability Act.”

Section 2. Declaration of Publicity - The State values the dignity of every
person and guarantees full respect for human rights. To this end, the State will
penalize the neglect of a vulnerable elderly person or a person with disability.

Section 3. Definition of Terms- For the purpose of this Act, the following terms
shall mean:

(1) “Abandon” means to desert a vulnerable elderly person or a person with
disability with intent to wholly neglect him or her.

(2) “Caregiver” means a person who provides for the health, welfare, and
personal care of a vulnerable elderly person or a person with disability,
at such person’s place of residence, including but not limited to, food
and nutrition. Shelter, hygiene, prescribe medication and medical care or
treatment. The term caregiver shall include:

a. A parent, spouse, adult, child or other relative by blood or marriage
who resides in the same building with and who regularly visits the


vulnerable elderly person or the person with disability, and who knows
or reasonably should know that such person in unable to adequately
provide for his or her own health and personal care;
A person employed by the vulnerable elderly person or a person with a
disability or by another to reside with a disability and provide for such
person’s health and personal care
c. A person who has agreed for consideration to reside with or regularly
visit the vulnerable elderly person or the person with a disability and
provide for such person’s health and personal care;
A person who has been appointed by a private or a public agency or by
a court of competent jurisdiction to provide for the health and personal
care of the vulnerable elderly person or the person with a disability.
The term caregiver shall not include a long term health care facility
licensed or certified under the provisions of public health laws or any
administrative, medical or the personnel of such a facility, or a health
care provider who is licensed under the law and renders care in the
ordinary course of his or her profession.

(3)*Person with disability” refers to any person who is suffering from
restriction of different abilities, as a result of a mental, physical or sensory
impairment, to perform an activity in the manner or within the range
considered normal for a human being.

(4) * Vulnerable elderly person” refers to any resident of the Philippines at least
sixty (60) years old who is suffering from a disease or infirmity associated
with advanced age.

Section 4. Criminal Neglect of a Vulnerable Elderly Person or a Person with
@ Disability - A person is guilty of criminal neglect of a vulnerable elderly person
or a person with a disability when he or she:

(1) Knowingly acts in a manner likely to cause the vulnerable elderly person
or the person with a disability’s life to be endangered , health to be injured,
or preexisting physical or mental condition to deteriorate;

(2) Fails to perform acts which he or she knows or reasonably should know
are necessary to maintain or preserve the life or health of the vulnerable
elderly person or the person with a disability and such failure causes said
person's life to be endangered, health to be injured or pre-existing physical
or mental condition to deteriorate;


(3) Abandons the vulnerable elderly person or the person with a disability.

Section 5. Exceptions. - No provision of this Act shall be deemed to impose
criminal liability upon any person who has made a good faith effort to provide
for the health and personal care of the vulnerable elderly person or the person
with a disability but through no fault of his or her own has been unable to
provide such care. In addition, no provision of this Act shall be construed as
prohibiting a person from providing treatment by spiritual means through prayer
alone and care consistent therewith in lieu of medical care and treatment in
accordance with the tenets and practices of any church or religious
denomination of which the vulnerable elderly person or the person with a
disability is a member.

Section 6. Penalty. - Any person found guilty of committing the acts prohibited
in this Act shall be punished by imprisonment of not less than one (1) year but
not excceding five (5) years and a fine not less than Ten Thousand Pesos (P
10,000.00) but not exceeding One Hundred Thousand Pesos (PI 00,000.00)

Section 7. Other Remedies. - No provision of this Act shall be construed to limit
the remedies available to the vulnerable elderly person or the person with a
disability under any other provision of law.

Section 8. Separability Clause. - If any provision or part thereof is held invalid
or unconstitutional, the same shall not affect the validity and effectivity of the
other provisions hereof.

Section 9. Repealing Clause. - All laws, decrees, orders, and issuances, or
portions thereof, which arc inconsistent with the provisions of this Act, are
hereby repealed, amended or modified accordingly.

Section 10. Effectivity. - This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in two (2) newspapers of general circulation.

Approved,