Anti-elder Abuse Law of 2025

Office of toc exciary TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES ) First Regular Session ) 25 AUG 12 P5:38 SENATE 1176 RECEIVED BY: S.B No. - INTRODUCED BY SENATOR RISA HONTIVEROS 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 sphere. But as a form of family violence, it has remained under- or mis-diagnosed, underreported, and poorly addressed by public policy. It is often overlooked 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. Extreme cases 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 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 institutions. 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 may take the form of physical, psychological, and emotional abuse, financial or material exploitation, medical maltreatment, even sexual exploitation, and abandonment of the vulnerable elderly. Statistics uncovers a frightening picture of elderly abuse around the world. The

World Health Organization said that around 1 in 6 people 60 years and older experienced some form of abuse in community settings during the past year. The problem may get worse as the number of senior citizens increase. 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 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. 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, despite a strong tradition of filial piety, cases of elder abuse are no longer unheard of, where some cases land the headlines. To mitigate this growing problem policy intervention is required. The objective of this bill is more than just to clearly define elder abuse as a specific offense with corresponding penalties. It also seeks to bring to light the special context of elder abuse, of the particular "vulnerability" brought about by old age, 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 sensitive and controversial, requiring careful intervention from the State. And among the most important aspect of this intervention is the institutionalization of clear and concrete affirmative acts that will raise public awareness and prevent such abuse from happening. In view of the foregoing, the swift passage of this bill is earnestly sought. RISA HONTIVEROS Senator

Office of the ter nep TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES First Regular Session 25 AUG 12 P5:38 SENATE RECEIVED SY: S. B. No. 1176 INTRODUCED BY SENATOR RISA HONTIVEROS 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

4 Constitution, the State values the dignity of every human person and thereby 5 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 9 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)

"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 10 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 resuiting 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 fuifill 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 - Physical abuse is defined as

2 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 7 physical abuse. a) 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. 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 considered emotional/psychological abuse. c) 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 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 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.

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); 1. Acts constituting attempted, frustrated, or consummated parricide, murder or homicide shall be penalized according to the RPC, especially if it results to mutilation; 2. 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, 3. Any act constituting sexual abuse or similar sexual-related offenses shall suffer the penalty of prision mayor; 4. Any act constituting psychological and/or emotional abuse shall suffer the penalty of prision mayor; 5. Any act constituting financial, economic or material abuse shall suffer the penalty of prision correccional; 6. 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 2d 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; b) 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 4th degree of consanguinity or affinity; ii. A healthcare provider, therapist, or counselor; ili. A fellow senior citizen from an elderly organization, or a churchmate from the parish; iv. A priest or a church leader; V. Barangay officials, including Barangay Tanods and other barangay personnel;

vi. Social Welfare Officers from the DSWD or Local Government Unit; Vil. Police or other law enforcement officers. c) 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; d) 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. 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. f) 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. g) 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. 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 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 6 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

10 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 17 (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. 3 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 6 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 10 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; 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; and 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

2 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, 5 shall promulgate the Implementing Rules and Regulations (IRR) of this Act within six 6 (6) months from its approval.

Sec. 14, Separability Clause. - If any provision of this Act is held

unconstitutional or invalid, such provision shall not affect the enforceability and 9 effectivity of its remaining provisions.

Sec. 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. 16. 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,