Senate TWENTIETH CONGRESS OF THE Offin of the cert REPUBLIC OF THE PHILIPPINES 25 AUG 12 P1:28 First Regular Session SENATE RECEIVED BY: Senate Bill No. 1175 Introduced by Senator Erwin T. Tulfo AN ACT AMENDING REPUBLIC ACT NO. 11350, OTHERWISE KNOWN AS THE "NATIONAL COMMISSION OF SENIOR CITIZENS ACT", AND FOR OTHER PURPOSES EXPLANATORY NOTE
Section 4, Article XV of the 1987 Constitution provides that the
family has the duty to care for its elderly members but the State may also do so through just programs of social security. Republic Act No. 11350 known as the "National Commission of Senior Citizens Act" was enacted with noble intent - to centralize focus on senior citizens and ensure their welfare is represented. The National Commission of Senior Citizens (NCSC) is tasked with both policy- making and program implementation. Six (6) years after its enactment, the NCSC is still not fully functional and many of its intended services remain out of reach for those who need them most. The law has placed responsibilities to NCSC that belong to the Department of Social Welfare and Development (DSWD). The NCSC is expected to implement social welfare programs yet it does not have the same infrastructure and workforce as the DSWD. The gaps in the law have indeed created confusion rather than clarity, and duplication rather than synergy.
The welfare of senior citizens is not a question of convenience; it is a matter of national responsibility. This reform is about clarifying mandates, maximizing our limited resources, and ensuring that every policy we craft is responsive to the needs of our elderly. This bill seeks to clarify the mandate of the NCSC making it the primary policy-making, advisory, and coordinating body on all matters affecting the welfare of senior citizens. The NCSC must be empowered to do what it was truly meant to do - lead national policy development and coordinate programs for senior citizens. In view of the foregoing, the passage of the measure is earnestly sought. ERWIN T. ITULFO
Senate POlite of tue Bauetary TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES 25 AUG 12 P1:28 First Regular Session RECEIVED BY: SENATE Senate Bill No. 1175 Introduced by Senator Erwin T. Tulfo AN ACT AMENDING REPUBLIC ACT NO. 11350, OTHERWISE KNOWN AS THE "NATIONAL COMMISSION OF SENIOR CITIZENS ACT", AND FOR OTHER PURPOSES Be it enacted by the Senate and the House of Representatives of the Philippines in Congress assembled:
SECTION 1. Section 3 of Republic Act. No. 11350 is hereby
amended as follows: "Section 3. Creation of the National Commission of Senior Citizens.— There is hereby created the National Commission of Senior Citizens, hereinafter referred to as the Commission, and which shall be [under the Office of the President] AN ATTACHED AGENCY TO THE DEPARTMENT OF SOCIAL WELFARE AND DEVELOPMENT (DSWD). The Commission shall establish its principal office in the National Capital Region. land it may set up field offices in coordination with appropriate government agencies. THE COMMISSION SHALL SERVE AS THE PRIMARY POLICY-MAKING, ADVISORY, AND COORDINATING BODY ON ALL MATTERS
AFFECTING THE WELFARE OF SENIOR CITIZENS. THE COMMISSION SHALL NOT DIRECTLY IMPLEMENT OR ADMINISTER SOCIAL WELFARE PROGRAMS BUT SHALL WORK CLOSELY WITH THE DSWD TO ENSURE THAT THE NATIONAL POLICIES ARE RESPONSIVE TO THE NEEDS OF THE SENIOR CITIZENS.
SEC. 2. Section 7 of R.A. No. 11350 is hereby amended to read
as follows: "Section 7. Functions. -The Commission shall: [(a) Ensure the full implementation of laws, policies, and programs of the government pertaining to senior citizens; review and conduct studies on the same: and recommend appropriate actions thereon to Congress and the President;] [(b)] (A) Formulate policies AND PROGRAMS for the promotion and protection of the rights and well-being of senior citizens, REVIEW AND CONDUCT STUDIES ON THE SAME, AND RECOMMEND APPROPRIATE ACTIONS THEREON TO CONGRESS AND OFFICE OF THE PRESIDENT: XXX"
SEC. 3. Section 11 of R.A. No. 11350 is hereby amended to read
as follows: "Section 11. [Transfer of Functions from the Department of Social Welfare and Development (DSWD) to the National Commission of Senior Citizens (NCSC).] TRANSFER OF IMPLEMENTATION FUNCTIONS. -All IMPLEMENTATION functions, programs, projects and activities which are ASSIGNED TO THE NCSC ARE
HEREBY TRANSFERRED TO [being undertaken by] the Department of Social Welfare and Development (DSWD). [for the formulation, implementation, and coordination of social welfare and development (SWD) policies and programs for the poor, vulnerable and disadvantaged senior eitizens shall be transferred to the National Commission of Senior Citizens (NGSC).] THE DSWD SHALL ACT AS THE LEAD IMPLEMENTING AGENCY FOR SOCIAL WELFARE PROGRAMS INTENDED FOR SENIOR CITIZENS, IN COORDINATION WITH LOCAL GOVERNMENT UNITS (LGUS).
SEC. 4. Implementing Rules and Regulations. - Within ninety
(90) days from approval of this Act, the DSWD, in consultation with NCSC, shall formulate the rules and regulations necessary in the proper implementation of this Act.
SEC. 5. Separability Clause. - Should any provision or part of this
Act be declared unconstitutional or invalid, the other provisions and parts hereof, insofar as they are separable from the invalid ones, shall remain in full force and effect.
SEC. 6. Repealing Clause. - All laws, decrees, orders, issuances,
rules and regulations or parts thereof which are inconsistent with this Act are hereby repealed or modified accordingly.
SEC. 7. Effectivity. - This Act shall take effect fifteen (15) days
after its publication in the Official Gazette or in at least two (2) newspapers of general circulation. Approved,