The House of Representatives was expected to approve on second reading next week a bill that would promote and protect the rights of senior citizens.
House Bill 7030 or the proposed “Anti-Elder Abuse Act,” principally authored by Rep. Victor Yap of Tarlac, aims to protect senior citizens from violence. The bill, which defines elder abuse and prescribe penalties for offenders, was approved on second reading last week.
The bill defines elder abuse or abuse against senior citizens as the following: (a) physical abuse, (b) psychological, mental or emotional abuse, (c) economic or financial abuse and material exploitation, (d) sexual abuse or non-consensual sexual contact of any kind, (e) neglect by refusal or failure to fulfill obligations who has responsibilities to provide care, as well as (f) abandonment or desertion by leaving a senior citizen unattended.
The measure recognizes that the State is mandated to value the dignity of senior citizens and guarantee the full respect for human rights. The State shall protect the family and its members, particularly the elders from all forms of violence, abuse, neglect, exploitation, and coercion, especially acts detrimental to their safety and security.
Under the bill, a senior citizen shall have the following rights in addition to those provided in existing laws: (a) to avail of protection and legal assistance from the Public Attorney’s Office of the Department of Justice (DOJ) or any public legal assistance office, (b) support services from the Department of Social Welfare and Development (DSWD) and the concerned local government unit (LGU), (c) legal remedies provided under the Family Code, and (d) to be entitled to actual, compensatory, moral and exemplary damages, among others.
The bill provides that violations of its provisions shall be considered aggravating circumstances due to the vulnerability of senior citizens.
It also states acts constituting murder or homicide, as well as those that result in mutilation, shall be punished in accordance with the provisions of the Revised Penal Code.
Meanwhile, all other acts specified in the bill shall be penalized with imprisonment and a fine of P100,000 up to P300,000. A person found guilty shall also undergo the mandatory psychological counseling or psychiatric treatment.
The bill mandates LGUs to respond to a call or request for assistance of the victims. Further, the Philippine National Police shall establish guidelines and procedures in responding to calls and requests related to acts of violence committed against senior citizens.
Barangay officials or law enforcers who fail to attend to victims shall suffer imprisonment of six months to one year, and be fined with P5,000 to P10,000 at the discretion of the Court.
The measure provides that any person who fails to report the incident as required shall be liable for a fine of not less than P10,000.
HB 7030 also mandates the DSWD to provide rehabilitative counseling and treatment to perpetrators towards learning constructive ways of coping with anger and emotional outbursts, as well as reforming their ways.