Office of TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES 25 JUL 15 P1:51 First Regular Session SENATE RECENEDBY S.B. No. Introduced by SEN. WIN GATCHALIAN AN ACT ESTABLISHING A NURSING HOME FOR HOMELESS AND ABANDONED SENIOR CITIZENS IN EVERY CITY OR MUNICIPALITY IN THE PHILIPPINES, APPROPRIATING FUNDS THEREFOR, AND FOR OTHER PURPOSES EXPLANATORY NOTE Filipino culture and society place great importance on honoring and caring for elderly. The family unit often extends beyond the immediate members to include grandparents, who are welcomed into the household and cared for by their descendants. Like many Asian communities, Filipinos traditionally care for their elderly at home as an expression of gratitude and respect. However, there is a growing number of cases involving abandonment and neglect of the elderly in the country. This may be attributed to several factors, including the financial burden of caring for an elderly family-member, especially in households with limited income; family problems or domestic issues that may result in estrangement between the elderly and their children; or the inability of family members to provide proper care for the elderly due to demanding work schedules or other responsibilities. In many instances, we see a combination of these challenges in households, posing even greater challenges for affected families.
The city of Valenzuela has witnessed cases of elderly abandonment and has since developed initiatives to address the needs of abandoned and neglected senior citizens. In 2012, the city established "Bahay Kalinga", a two-story half-way home for 25 homeless or abandoned senior citizens in the city. In 2021, a new four-story facility, dubbed as "Bahay Kanlungan Tahanan nina Lolo at Lola", was opened as the new home for the elderly, which can accommodate up to 90 elderly residents. It also has its own clinic, physical therapists, psychologists, nutritionists, and house parents who watch over the senior citizens 24/7. Unfortunately, elderly nursing homes like Bahay Kalinga and Bahay Kanlungan remain to be exceptions rather than the rule in the Philippines, with the number of unattended, neglected, abandoned and homeless elderly or senior citizens across the country continuously increasing through the years. Aligned with the Constitutional mandate to protect the welfare of senior citizens, especially pauper elders, this bill seeks to establish a framework that enables other local government units (LGUs) to replicate the initiatives undertaken by Valenzuela and other cities and municipalities in addressing the needs of the vulnerable elderly populations who, due to their circumstances, lack both resources and family support in their twilight years. This bill further mandates the construction of nursing homes for abandoned and neglected senior citizens by LGUs, to be operated and maintained by the Department of Social Welfare and Development (DSWD), in coordination with the concerned LGUs. This measure aims to compliment Republic Act No. 7876 or the "Senior Citizens Center Act of the Philippines", which mandates the establishment of DSWD-led Senior Citizens Center in every city and municipality to provide trainings and opportunities for productive activities and work schemes of senior citizens aimed at generating income for the elderly. In view of the foregoing, the immediate passage of this bill is earnestly sought. GATCHALIAN
TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES JUL 15 P1:51 First Regular Session RECEIVED BI SENATE S.B. No. Introduced by SEN. WIN GATCHALIAN AN ACT ESTABLISHING A NURSING HOME FOR HOMELESS AND ABANDONED SENIOR CITIZENS IN EVERY CITY OR MUNICIPALITY IN THE PHILIPPINES, APPROPRIATING FUNDS THEREFOR, 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 "Homes for
2 Abandoned Seniors Act".
SEC. 2. Declaration of Policy. - It is hereby declared the policy of the
5 State to value the dignity of every human person, guarantee full respect for 6 human rights, extend assistance to its elderly citizens through programs of 7 social security, and promote the right to health and safety of senior citizens. Towards this end, the State shall extend assistance to abandoned and homeless senior citizens through a social care and security program.
SEC. 3. Definition of Terms. - As used in this Act, the following terms
shall mean:
a. Abandoned Senior Citizen refers to a senior citizen who has no means 2 of meeting basic needs, or whose family had deserted them and as, such, appropriate care, protection and support are not met; b. Homeless Senior Citizen refers to a senior citizen who lacks a fixed, regular, and adequate residence, or who resides in a place unfit for human habitation, or who lacks the means and resources to secure, safe, and proper permanent housing; c. Nursing Home refers to a home for the elderly persons, established 9 and maintained under this Act by a city or municipality, which provides living 10 accommodations and support services. These include food and clothing, medical and health care, as well as and recreational and social interaction activities. It primarily serves for abandoned senior citizens who lack family support or homeless senior citizens; d. Senior Citizen refers to any resident citizen of the Philippines at least sixty (60) years of age.
SEC. 4. Establishment of Nursing Homes. - A nursing home shall be
established in every municipality and city to provide care for abandoned and homeless senior citizens. The facilities shall be constructed by the respective local government units (LGUs) and shall be operated and maintained by the Department of Social Welfare and Development (DSWD), in coordination with the concerned LGUs.
SEC. 5. Functions of Nursing Homes. - The nursing homes established
under this Act shall provide institutionalized residential care programs and services to homeless or abandoned senior citizens within their territorial jurisdiction. These services shall include but not be limited to the following: a, Comfortable and safe living accommodation; b. Adequate food and appropriate clothing; C. Access to medical consultation and necessary treatment; d. Health care services; e. Occupational opportunities;
f. Recreational and social interaction activities; g. Counseling services; h. Case conference; i. Facilitation of family dialogue sessions; j. Outreach to existing family members for reintegration; k. Literacy and continuing education program; 1. Skills and productivity development activities; and m. Religious, cultural and vocational enrichment program/activities.
SEC. 6. Implementing Rules and Regulations, - The DSWD, in
coordination with the Department of Interior and Local Government (DILG), Department of Health (DOH), the Federation of Senior Citizens Associations of the Philippines (FSCAP), and the Confederation of Older Persons Associations of the Philippines (COPAP), shall promulgate the necessary rules and regulations to effectively implement the provisions this Act, not later than ninety (90) days from its effectivity.
SEC. 7. Exemptions of the Nursing Home. - The established nursing
home shall be exempt from the payment of customs duties, taxes, and tariffs 20 on the importation of equipment and supplies that are actually, directly, and exclusively used for the operation of the nursing home pursuant to this Act, including items donated to the nursing home for such purpose.
SEC. 8. Appropriations. - The amount necessary to carry out the
provisions of this Act shall be included in the General Appropriations Act of the year following its enactment into law and every year thereafter.
SEC. 9. Separability Clause. - If any provision of this Act is declared
invalid or unconstitutional, the provisions not affected thereby shall remain in full force and effect.
SEC. 10. Repealing Clause. - All laws, presidential decrees, executive
orders, presidential proclamations, rules and regulations, or parts thereof contrary to or inconsistent with this Act are hereby repealed or modified accordingly.
SEC. 11. Effectivity. - This Act shall take effect fifteen (15) days after its
7 publication in the Official Gazette or in a newspaper of general circulation in the 8 Philippines. Approved,