SEVENTEENTH CONGRESS OF THE )

REPUBLIC OF THE PHILIPPINES )
Third Regular Session 5)
SENATE
S.B.No.1889

REGEN

Introduced by Senator Ana Theresia “Risa” Hontiveros-Baraquel

AN ACT DEFINING AND PROHIBITING ELDER ABUSE,
PROVIDING PENALTIES THEREFORE, AND FOR OTHER PURPOSES

EXPLANATORY NOTE

For many years, Elder Abuse was a hidden, unspoken issue in society. Similar to
wife-beating, incest, and child abuse, it was a private problem kept within the confines of
the domestic realm, But as a form of family violence, it has remained under or mis-
diagnosed, under-reported, and poorly addressed by public policy even if it is not
uncommon that if one type of abuse is occurring within a home, other forms of abuse may
be (or will soon be) taking place. Meanwhile, elderly abuse is still often ignored by health
professionals, and sadly, most perpetrators of the abuse are usually one’s own family
members.

As the elderly population multiplies, so will the incidence of elder abuse. One out of
every 20 elderly people will be a victim of neglect or physical, psychological or financial
abuse this year.

Extreme cases of elder abuse have obvious manifestations, like pressure marks on
the body, broken bones, depression, unexplained withdrawal from normal activities,
unattended medical needs, or strained, tense relationships. But most of elder abuse is
subtle, It is difficult to tell the difference between normal interpersonal stress and abuse.
Thus, it seems, elder abuse and neglect are often “hidden”.

But the phenomenon of elder abuse is becoming increasingly recognized by both
medical facilities and social agencies. More and more studies have highlighted the
seriousness and magnitude of elder abuse as an issue concerning the health and welfare of
older persons. As such, Elder Abuse is now considered a major public health and human
rights issue.

The World Health Organization's (WHO) Toronto Declaration on Elder Abuse
defines elder abuse as “a single or repeated act, a lack of appropriate action, occurring
within any relationship where there is an expectation of trust that causes harm or distress
to an older person.” It is not just an intentional negligent act that causes harm to a
vulnerable adult, but may actually consist of neglect, abuse, and actual violence against an
older person. It may take the form of physical, psychological and emotional abuse, financial
or material exploitation, medical maltreatment, even sexual exploitation and abandonment.

Statistics uncover a frightening picture of elderly abuse around the world. The
problem may get worse as the number of senior citizens increase. In the United States, it is
estimated that people over the age of 65 will number about 52 million in the year 2020,
With those aged 85 years or older as the fastest growing group, they will comprise a big
Part of America’s population-almost 1/6 of the total. Meanwhile, the Philippines’ elderly
population has been steadily increasing in both size and proportion. By 2010, Filipino
senior citizens are estimated to be 7M.



Initially thought to be a problem of the developed world, elder abuse is now
recognized as universal, although evidence from less-developed countries is primarily
anecdotal. In the Philippines, elderly abuse is still not as prevalent as in the West. But of
late, elderly abuse is no longer unheard of in modern Filipino culture. Despite our strong
tradition of filial piety, it is not as unknown as people perceive it to be. It may be quite
disturbing, but we have to admit that it may be a sign of the changing times and it is about
time that the government does something to address this problem.

The purpose of this bill is more than just clearly defining elder abuse as a specific
offense with a corresponding penalty. It seeks to bring to light the special context of Elder
Abuse, of the particular “vulnerability” advance age has and which is taken advantage of by
offender-perpetrators. Like domestic violence or VAWC, elder abuse may be a form of
family abuse that is both a sensitive and controversial issue, requiring careful intervention
from the State, hence the necessity for rules on immunity and confidentiality. More
importantly, the most significant intervention is the requirement for clear and concrete
Affirmative Acts that will raise public awareness and prevent the incidence of elder abuse.

Ana Theresia “Risa” Hontiveros Braque



SEVENTEENTH CONGRESS OF THE +)
REPUBLIC OF THE PHILIPPINES )
Third Regular Session )

18 JUL 25 sP2 42
SENATE
s.B.No._1889 il

Riveter

Introduced by Senator Ana Theresia “Risa” Hontiveros-Baraquel

AN ACT DEFINING AND PROHIBITING ELDER. ABUSE,
PROVIDING PENALTIES 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 “Anti-Elder Abuse Law of 2018”.

SECTION 2. Declaration of Policy - Pursuant to the 1987 Constitution's Article II, Section
11, which declared that the State values the dignity of every human person and thereby
guarantees the full respect for human rights, and Article Ill, Section 1, which mandates that
“No person shall be deprived of life, liberty, or property without due process of law, nor
shall any person be denied the equal protection of the laws", itis hereby declared the policy
of the State to work actively for the elimination of all forms of discrimination, violence and
abuse against the elderly.

Moreover, the following Constitutional provisions also mandate that:

“The State shall promote a just and dynamic social order that will ensure the
prosperity and independence of the nation and free the people from poverty through
Policies that provide adequate social services, promote full development, a rising standard
of living and an improved quality of life.” (Article II, Section 9)

“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 people at affordable cost. There shall be priority for the needs of
the underprivileged sick, elderly, disabled, women and children.”(Article XIII, Section 2 on
Health Services)

“It is the duty of the family to take care of its older person members while the State
may design programs of social security for them."( Article XV, Section 4 on the Filipino
Family)

In addition, Republic Act No. 9262 or the VAWC Act declares that the State shall
exert efforts to address violence committed against women, and Republic Act No. 9710 or
the Magna Carta of Women’s Section 33 on the Protection of Senior Citizens state that “the
State shall protect women senior citizens from neglect, abandonment, domestic violence,
abuse, exploitation, and discrimination.”

Towards this end, the following discriminatory and abusive practices committed
against senior citizens s defined herein shall be proscribed and penalized. Moreover, the



State shall ensure that special Protective mechanisms and support services against
violence, sexual abuse, exploitation, and discrimination of older people.

SECTION 3. Definition of Terms - As used in this Act:

a) Elderly - refers to any resident of the Philippines at least sixty (60) years of age.

b) Discrimination - any distinction, exclusion, restriction, or preference which is based
on any ground such as sex, sexual orientation, gender identity, whether actual or
perceived, and which has the purpose or effect of nullifying or impairing the
recognition, enjoyment, or exercise by all persons of an equal footing of all rights
and freedoms.

©) Marginalization ~ any condition where people are systematically excluded from
meaningful participation in economic, social, political, cultural and other forms of
human activity in their communities and thus are denied the opportunity to fulfil
themselves as human beings.

4) Senior Citizen - is a person 60 years old or above; it may be used interchangeably
with the words “elderly” or “older person” which are more general or encompassing
to refer to older people.

€) Elder Abuse - any act of commission or of omission (“neglect”) to an elderly (60
years old and above) that may be either intentional or unintentional resulting in
unnecessary suffering, injury or pain, the loss or violation of human rights, and a
diminished quality of life for the older person. It may take the form of physical,
psychological and emotional abuse, financial or material exploitation, medical
maltreatment, even sexual exploitation and abandonment. It is not just an
intentional negligent act that causes harm to a vulnerable adult, but may actually
consist of neglect, abuse, and actual violence against an older person. Some cases
involve more than one type of abusive behavior, such as the abuser victimizing the
elderly person both physically and emotionally.

f) Physical abuse - the “infliction of pain or injury, physical coercion, or physical or
drug-induced restraint’. Includes intentional acts of violence that inflict bodily or
physical harm.

8) Battery - act of inflicting physical harm resulting to physical and psychological or
emotional distress

h) Sexual abuse - a “non-consensual sexual contact of any kind with an elderly’,
Applies to acts which are sexual in nature such as sexual harassment, acts of
lasciviousness, rape and/or sexual assault.

i) Psychological or Emotional abuse - the “infliction of mental anguish”. Applies to acts
and/or omissions causing or likely to cause mental or emotional suffering such as
but not limited to intimidation, public ridicule and humiliation, mockery and
vilification, repeated verbal abuse, harassment, and threats.

j) Financial or Material abuse - “the illegal or improper exploitation or use of funds or
resources of the elderly”. Applies to Acts that make or attempt to make an older
person financially dependent, and/or actual deprivation or threat of deprivation of
financial resources such as withdrawal of financial support, including controlling
the victim-survivor’s own money or properties.



k) Neglect - consists of “refusal or failure to fulfill a care-giving obligation. It can
involve a conscious and intentional attempt to inflict physical or emotional distress
on the older person.”

SECTION 4. Meaning and Context of Elder Abuse - Under this Act, advanced age or
seniority shall no longer be considered as a mere Aggravating Circumstance in an offense.
As in the case of Child Abuse, age shall be appreciated with the added dimension of
vulnerability which the offender or perpetrator took advantage of or failed to respect or
give special consideration to.

Elder abuse may be defined as “a single or repeated act, a lack of appropriate action,
occurring within any relationship where there is an expectation of trust and support, that
causes harm or distress to an older person.”

SECTION 5. Prohibited Acts Constituting Elder Abuse - Physical abuse is defined as the
use of physical force that may result in bodily injury, physical pain, or impairment. Physical
abuse may include but is not limited to such acts of violence as striking (with or without an
object), hitting, beating, pushing, shoving, shaking, slapping, kicking, pinching, and burning.
In addition, inappropriate use of drugs and physical restraints, force-feeding, and physical
punishment of any kind also are examples of physical abuse.

a) Sexual abuse is defined as non-consensual sexual contact of any kind with an elderly
person, Sexual contact with any person incapable of giving consent is also
considered sexual abuse. It includes, but is not limited to, unwanted touching, all
types of sexual assault or battery, such as rape, sodomy, coerced nudity, and
capturing sexually explicit acts in photographs and video.

b) Emotional or psychological abuse is defined as the infliction of anguish, pain, or
distress through verbal or nonverbal acts. Emotional/psychological abuse includes
but is not limited to verbal assaults, insults, threats, intimidation, humiliation, and
harassment. In addition, treating an older person like an infant; isolating an elderly
person from her/his family, friends, or regular activities; giving an older person the
“silent treatment;"" and enforced social isolation are examples of
emotional/psychological abuse.

©) Financial or material exploitation is defined as the illegal or improper use of an
elder’s funds, property, or assets. Examples include, but are not limited to, cashing
an elderly person's checks without authorization or permission; forging an older
person's signature; misusing or stealing an older person's money or possessions;
coercing or deceiving an older person into signing any document (eg,, contracts or
will); and the improper use of conservatorship, guardianship, or power of attorney.

d) Neglect is defined as the refusal or failure to fulfill any part of a person's obligations
or duties to an elder. Neglect may also include failure of a person who has fiduciary
responsibilities to provide care for an elder (eg, pay for necessary home care
services) or the failure on the part of an in-home service provider to provide
necessary care.

Neglect typically means the refusal or failure to provide an elderly person with such
life necessities as food, water, clothing, shelter, personal hygiene, medicine, comfort,
personal safety, and other essentials included in an implied or agreed-upon
responsibility to an elder.

e) Abandonment is defined as the desertion of an elderly person by an individual who
has assumed responsibility for providing care for an elder, or by a person with
physical custody of an elder.



SECTION 6. Penalties - The crime of Elder Abuse shall be punished according to the
following Rules:

a) An offender-perpetrator shall be punished with imprisonment according to present
criminal laws under The Revised Penal Code (RPC) and Republic Act No. 9262, or
the Anti-Violence against Women and Children Act (Anti-VAWC);

1) Acts constituting attempted, frustrated, or consummated Parricide, murder or
homicide shall be penalized according to the RPC, especially if it results to
mutilation,

Acts constituting Serious Physical Injuries shall be punished by Prision Mayor,

acts constituting Less Serious Injuries shall be punished by Prision Correctional,

and anything constituting Slight Physical Injuries shall be punished by Arresto

Mayor;

3) Any act constituting sexual abuse or similar sexual-related offenses shall be

punished by Prision Mayor;

Any act constituting psychological and/or emotional abuse shall be punished by

Prision Mayor;

Any act constituting Financial, economic or material abuse shall be punished by

Prision Correctional;

Any act constituting neglect or abandonment of an older person shall be

punished by Arresto Mayor;

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b)

The penalty provided shall be imposed in its maximum period:

1) Ifthe offender-perpetrator has been previously convicted under this Act;

2) If the offender is a descendant, collateral relative or family member of up to the
2nd degree of consanguinity or affinity;

3) If the offender is an owner-operator, manager, or employee of a privately-
operated, for profit or non-profit, elderly facility;

4) If the offender is a public official, staff or employee of a government-operated
elderly residential/group home; Provided, that said public servant or employee
can be subjected to suspension and/or termination according to administrative
discipline procedures.

°)

The above-mentioned penalties shall not preclude the consequent civil case for
damages or administrative charges that may also result in the suspension or
revocation of accreditation or license to operate from the Department of Social
Work and Development (DSWD).

SECTION 7. Enforcement and Protocols -

a) Public Crime - Elder abuse shall be considered a Public Offense which may be
prosecuted upon the filing of a complaint by any citizen having personal
knowledge of the circumstances involving the commission of the crime;

b) The following persons may file a complaint for Elder Abuse -

1) The Offended Older Person

2) A caregiver, family member or collateral relative within the 4 degree of
consanguinity or affinity;

3) Ahealthcare provider, therapist, or counselor;

4) A fellow senior citizen from an elderly organization, or a churchmate from
the parish;

5) Barangay officials, including Brgy. Chairperson, Kagawads, or Tanods;

6) Social Welfare Officers from the DSWD or Local Government Unit;

7) Police Officers or Law Enforcers.



©) Barangay Officials or Law enforcers shall respond immediately to a call for help
or request for assistance by entering the dwelling, checking on the well-being of
the victim, and ensuring the safety of the victim-survivor; As immediate
responders, they must also transport or escort the victim to a safe place of their
choice or to a clinic or hospital, if and when necessary;

¢

Immunity - Any person or private individual acting in accordance with law,
responds or intervenes without using violence or restraint greater than
necessary to ensure the safety of the victim, shall NOT be liable for any criminal,
civil, or administrative case resulting therefrom.

e)

Prohibited Defense - Being under the influence of alcohol, any illicit drugs, or any
other mind-altering substance shall not be a defense under this Act.

5) Prohibited Acts by Government Officials - Any barangay official or court hearing
an application for a Protection Order for an abused elderly woman according to
RA 9262 or VAWC Act, shall not order, direct, force, or in any way influence the
applicant to compromise or abandon any of the reliefs sought under RA 9262.
Failure to comply shall render the official or judge administratively liable.

8) The DSWD and Department of Health (DOH) shalll require physicians, caregivers,
or social workers who suspect ill treatment of senior citizens to discuss the
concern with the family or the head of the nursing home or elderly facility. In
case the ill-treatment is confirmed, or in the event of suspicious death, the same

shall be reported to the appropriate authorities,

h)

Confidentiality - All cases pertaining to elder abuse including those at the
barangay level shall be confidential, and all public officers and employees of
public or private hospitals/clinics shall respect the right to privacy of the victim-
survivor. Any person who shall make public any relevant or identifying
information about the case or the victim shall be made liable for contempt of
court and shall suffer the penalty of one year imprisonment and a fine of
P500,000.00.

SECTION 8. Establishment of a Senior Citizens Help Desk - Every barangay shall
establish a senior citizens Help Desk which shall provide immediate assistance to victim-
survivors of elder abuse. Besides barangay officials, it may be manned by duly accredited
representatives of the senior citizens sector or from the membership of a local elderly
organization designated and authorized by the Barangay Council or Chairperson.

SECTION 9. Mandatory Programs and Services for Victims of Elder Abuse - The DSWD
and LGUs shall provide the victims temporary shelter, counseling, psycho-social services
and/or recovery, rehabilitation programs and financial assistance.

The Office of Senior Citizens Affairs (OSCA) shall include services addressing
gender-based violence as well as elder abuse. All suspected cases of abuse and/or neglect
of senior citizens must be reported in accordance with existing laws. The OSCA, in
coordination with the Local Social Welfare and Development Officer (LSWDO), shall
maintain an Elder Abuse documentation and case monitoring system, and set up a
databank to keep an accurate and reliable record of instances of abuse and violence
committed against the elderly.

SECTION 10. Counseling and Rehabilitation of Offenders-Perpetrators - The DSWD
shall provide rehabilitative counseling and treatment of perpetrators towards learning



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constructive ways of coping with their anger, emotional outbursts, or stress, and reforming
their ways. Psychiatric treatment or confinement may also be recommended by the
responsible authorities if necessary.

SECTION 11. Trainings and Capacity-Building for Intervenors - All government
agencies involved in responding to elder abuse cases shall be required to undergo
education and training to acquaint them with:

a) The nature, extent, causes, and risk factors of elder abuse;

b) The legal rights and remedies of victim-survivors of elder abuse:

c) Legal duties of barangay officials, OSCA Heads, LSWDOs, police officers and court
authorities in offering assistance and protection;

d) The available services and facilities for victim-survivors of elder abuse;

©) Specific techniques in handling elder abuse cases to minimize injury and
promote the safety and ensure the well-being of the victim-survivor.

The DOH and other concerned institutions shall provide capacity-building on the
Prevention, detection, and management of psycho-social problems and other geriatric
concerns of senior citizens such as dementia and Alzheimer’s Disease, among healthcare
Providers, home caregivers, and staff and employees of nursing homes and/or elderly
residential facilities, specifically on handling older person abuse.

SECTION 12. Affirmative Acts - To ensure that the rights and welfare of older persons are
protected, the following programs and interventions shall be developed and implemented:

a) Establish clear advocacy information programs and increase public awareness to
minimize risks of neglect, abuse and violence to older persons;

b) Include training on the prevention, detection and management of social problems
of senior citizens among healthcare professionals and law enforcement officers,
specifically on the handling of elder abuse cases;

c) Encourage the development and utilization of supportive community resources
that provide in-home services, respite care, and stress reduction with high-risk
families; In addition, explore the possibilities of subsidies and outreach support
for family and caregivers to promote quality homecare for senior citizens; and

d) Ensure high priority to the enactment of measures that would provide social
Protection to the elderly and reduce their socio-economic and political
disparities.

e) Continue to develop and initiate programs and services for senior citizens that are
gender-responsive, rights-based, and culture-sensitive so as to ensure specific
needs and concerns of senior citizens are identified and addressed.

f) Review school curricula and teaching modules through the DepEd and CHED to
highlight with renewed focus the importance of family values, filial piety, and
respect for the elderly.

SECTOION 13. Appropriation - The amount necessary to carry out the provisions of this
Act shall be included and incorporated in the annual General Appropriations Act.

SECTION 14. Separability Clause - If any provision or part hereof is held invalid or
unconstitutional, the remaining provisions not affected thereby shall remain valid and
subsisting.


SECTION 15. Repealing Clause - Any law, presidential decree or issuance, executive
order, letter of instruction, administrative order, rule or regulation contrary to or
inconsistent with the provisions of this Act is hereby repealed, modified, or amended
accordingly.

SECTION 16. Effectivity - This Act shall take effect fifteen (15) days after its publication in
the Official Gazette or in two (2) newspapers of general circulation in the Philippines.

Approved,