Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

NINETEENTH CONGRESS
Third Regular Session

House Bill No;_ 11466

Introduced by AKBAYAN REP. PERCIVAL CENDANA

Prefatory Statement

Characterized as an “invisible issue”, elder abuse is a serious form of violence
happening often in households where the perpetrators are usually family members of
the victim, No longer just an aggravating circumstance, per this proposed legislation,
elderly abuse is a crime in and of itself and characterized by acts that take advantage
of the special vulnerability of senior citizens.

The World Health Organization reported that around | in 6 people 60 years
and older experienced some form of abuse in community settings during the past
years. The problem may get worse as the number of senior citizens increases. The
global population of the elderly will more than double, from 900 million in 2015 to
about 2 billion in 2050. Meanwhile, the Philippines’ elderly population has been
steadily increasing in both size and proportion. In 2021, senior citizen population in
the country has breached 10 million, according to the Commission on Population and
Development, and between 2025 to 2030, the country’s population would start to age.
The lack of criminal prohibition, reporting mechanisms, and support for victims of
elder abuse often result in underreporting and lack of research. Furthermore, older
persons are also isolated from social contacts and may have iculty accessing
services which have migrated to digital platforms. Hence, the tag “invisible”.

Elder abuse, according to the World Health Organization, is “a single, or
repeated act, or lack of appropriate action, occurring within any relationship where
there is an expectation of trust which causes harm or distress to an older person.” It
can take various forms such as financial, physical, psychological, sexual, and neglect.
This bill aims to define and prohibit elderly abuse, establish a senior citizen help desk
in the barangays, provide social protection programs and support for victim-survivors,
counselling and rehabilitation for offenders, affirmative acts such as public awareness-
raising, and training as well as capacity-building programs for intervenors.


It is time to protect our elderly from violence that comes in all forms and exploits their
vulnerability and marginalization. For the aforementioned re he passage of this
bill is earnestly sought.

ERCIWAL V. CENDANA
Akbayan Partylist


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

NINETEENTH CONGRESS
Third Regular Session

House Bill Nv,_ 11466

Introduced by Akbayan Rep. Percival Cendafia

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

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 “Anti-Elder Abuse
Law of 2025”.

Sec. 2. Declaration of Policy — Pursuant to Article II, Section 11 of the
Philippine Constitution, the State values the dignity of every human person and
thereby guarantees the full respect for human rights, and Article III, 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,” it is
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 employment, a rising
standard of living and an improved quality of life for all.” (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 the people at affordable cost. There shall be priority for the
needs of the underprivileged sick, elderly, disabled, women and children.” (Article
XIII, Section 12 on Health Services)

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“The family has the duty to take care of its elderly members but the State may also do
so through just programs of social security.” (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 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 defined herein shall be proscribed and penalized. Moreover, the
State shall ensure the establishment of support services and special protective
mechanisms to safeguard older people against violence, sexual abuse, exploitation,
and discrimination.

Sec. 3. Definition of Terms —

a. Elderly refers to any resident of the Philippines at least sixty (60) years of age;
b. Discrimination - Any distinction, exclusion, restriction, or preference, 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.

c.  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.

d. Senior Citizen — is a person 60 years old or older; it may be used
interchangeably with the terms “elderly” or “older person,” which are more
encompassing in reference to older people.

e Elder Abuse - Any act of commission or of omission (“neglect”) to an elderly
that may either be 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, neglect, financial or material exploitation, medical maltreatment, sexual
exploitation and abandonment. 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.

g. Battery — The 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 the 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 the refusal or failure to fulfill a care-giving obligation. It
may be a result of a conscious and intentional attempt to inflict physical or emotional
distress on the older person.

Sec. 4. Meaning and Context of Elder Abuse - Under this Act, advanced age
or elderliness 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, a vulnerability an offender or perpetrator takes advantage
of.

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”.

Sec. 5. Prohibited Acts Constituting Elder Abuse —

a. 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 the use of 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 are also considered physical abuse.

b. Sexual abuse is defined as a non-consensual sexual contact of any kind with an
elderly person. Sexual contact with any older 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.

c. 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 —_ considered
emotional/psychological abuse.



d. Financial or material exploitation is defined as the illegal or improper use of an
elder's funds, property, or assets. This includes, 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 (e.g. contracts or will); and the
improper use of conservatorship, guardianship, or a Power of Attomey.

e. 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 responsibiliti le care for an elder 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.

f 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.

Sec. 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);

a. Acts constituting attempted, frustrated, or consummated parricide, murder or
homicide shall be penalized according to the RPC, especially if it results to mutilation;
b. Acts constituting serious physical injuries shall suffer the penalty of prision
mayor, and acts constituting less serious injuries shall suffer the penalty of prision
correccional, and anything constituting slight physical injuries shall suffer the penalty
of arresto mayor;

© Any act constituting sexual abuse or similar sexual-related offenses shall suffer
the penalty of prision mayor;

d. Any act constituting psychological and/or emotional abuse shall suffer the
penalty of prision mayor;

e. Any act constituting financial, economic or material abuse shall suffer the
penalty of prision correccional;

f. Any act constituting neglect or abandonment of an older person shall suffer the
penalty of by arresto mayor;

b. The penalty provided shall be imposed in its maximum period:

a. If the offender-perpetrator has been previously convicted under this Act;


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

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

d. If the offender is a public official, staff or employee of a government-operated
elderly residential care facility; Provided, that said public servant or employee can be
subjected to suspension and/or termination based on administrative procedures.

c. In cases involving elderly residential care facilities and homes for the aged, 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).

Sec. 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;

The following persons may file a complaint for elder abuse —

a. The offended older person

b. Anyone with personal knowledge of the circumstances involving the commission of

the crime, including:

i. A caregiver, family member or collateral relative within the 4" degree of
consanguinity or affinity;

i. A healthcare provider, therapist, or counselor;

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

iv. A priest or a church leader;

. Barangay officials, including Barangay Tanods and other barangay personnel;

Social Welfare Officers from the DSWD or Local Government Unit;

i. Police or other law enforcement officers.

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b. _ Barangay officials or law enforcers shall respond immediately to a call for help
or request for assistance by entering the dwelling or wherever the incident occurs,
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;

c. Immunity - Any person or private individual acting in accordance with the 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.


d. 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.

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

f. The DSWD, the Department of Health (DOH), and the National
Commission of Senior Citizens (NCSC) shall 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.

g. 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
a fine of two hundred thousand pesos (PHP 200,000.00).

Sec. 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. Apart from barangay officials, it may be staffed 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.

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

The NCSC/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
NCSC/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.

Sec. 10. Counseling and Rehabilitation of Offenders-Perpetrators ~ The
NCSC and the DSWD shall provide rehabilitative counseling and treatment of
perpetrators towards learning 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.

Sec. 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;

e 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.

Sec. 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;

) 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 for 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 Department of
Education and the Commission on Higher Education to highlight with renewed focus
the importance of family values, filial piety, and respect for the elderly.

Sec. 13. Implementing Rules and Regulations. - The NCSC and the DSWD,
in consultation with the Department of the Interior and Local Government (DILG),
Department of Health (DOH), other relevant government agencies, LGUs, and at least
two (2) elderly-focused non-government organizations with a proven track record,

9


shall promulgate the Jmplementing Rules and Regulations (IRR) of this Act within six
(6) months from its approval.

Section 14. Separability Clause. — If any provision of this Act is held
unconstitutional or invalid, such provision shall not affect the enforceability and
effectivity of the its remaining provisions.

Section 15. Repealing Clause. — All laws, decrees, executive orders, issuances,
and rules and regulations, or parts thereof inconsistent with the provisions of this Act
are hereby repealed or modified accordingly.

Sec. 26. Effectivity Clause. — This Act shall take effect fifteen (15) days after
its publication in the Official Gazette or in a newspaper of general circulation.

Approved,