First Congressional District Representative Paolo Duterte filed a bill seeking imprisonment of persons found guilty of exploiting, neglecting, or abusing the elderly.
Duterte, together with Benguet Rep. Eric Yap, and ACT-CIS Partylist Rep. Edvic Yap, filed House Bill 4696, or the proposed Anti-Elder Abuse Act.
“Elderly citizens, like our lolos and lolas, should be honored, cared for, and respected. Unfortunately, many of our senior citizens still suffer abuse, most of the time, even from the very people who are supposed to care for them, as shown by news reports and reliable posts on social media. Worse, many cases of elder abuse go unreported and unpunished. Our bill aims to prevent these,” Duterte said in a statement.
The bill seeks to ensure that senior citizens are given protection from all forms of violence, abuse, neglect, exploitation, and coercion, specially acts detrimental to their personal safety and security.
The bill also explained that acts of violence against senior citizens include “physical abuse or infliction of pain or injury with the use of physical force resulting in bodily injury, physical harm, pain or impairment, suffering or distress; and psychological, mental or emotional abuse causing mental or emotional suffering or distress.”
Also classified as acts of violence against the elderly are material exploitation through illegal or improper use of funds or resources of the senior citizen, and economic or financial abuse through acts that make the senior citizen financially dependent.
Another act of violence under the bill is abandonment or desertion by a person who has custody or has assumed responsibility for caring for a senior citizen.
“Through this, we continue to provide them a sense of community who is willing to protect them,” the authors stated.
The bill also directs the Department of Justice (DOJ) to set up special prosecution units to exclusively handle cases of violence against senior citizens.
It also sought the establishment of senior citizen help desks in every barangay to provide immediate assistance to victim-survivors of elder abuse.
According to the bill acts of violence against the elderly constituting attempted, frustrated, or consummated parricide, murder, or homicide, and those resulting in mutilation “shall be punished by the provisions of the Revised Penal Code.”
The minimum punishment under the bill is “arresto mayor” or one month and one day to six months for acts of violence against the elderly resulting in slight physical injuries.
Under the bill, persons found guilty of serious physical injuries against the elderly are punished with the penalty of “prison mayor” or six years and one day to six years). Less physical injuries are punishable by prison correctional (6 months and 1 day to 6 years).
All other acts of violence against the elderly are punishable by prison correctional and a fine of not less than P100,000 but not more than P300,000.
The bill also mandates mandatory psychological counseling or mental treatment for anyone found guilty of any act of aggression against the elderly, and it requires them to report their compliance to the court.
According to the measure, a respondent to a complaint against elder abuse will also be placed under a hold departure order to be issued by the courts and law enforcers, barangay officials, and persons who fail to report acts of violence against the elderly will be penalized.
The bill also mandates the Department of Social Welfare and Development (DSWD) to provide senior citizens who are victims of abuse safe shelter; counseling, healing and recovery and rehabilitation services; and other programs to ensure their security and safety as well as the Department of Health (DOH) to provide medical aid to the victims.
Victims of elder abuse can also file protective orders against their perpetrators under the bill.
