Hr-Rights of The Elderly

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Republic Act No.

9994 care of its elderly members while the State may design programs of
social security for them.
AN ACT GRANTING ADDITIONAL BENEFITS AND PRIVILEGES TO
SENIOR CITIZENS, FURTHER AMENDING REPUBLIC ACT NO. "Consistent with these constitutional principles, this Act shall serve
7432, AS AMENDED, OTHERWISE KNOWN AS "AN ACT TO the following objectives:
MAXIMIZE THE CONTRIBUTION OF SENIOR CITIZENS TO
NATION BUILDING, GRANT BENEFITS AND SPECIAL PRIVILEGES "(a) To recognize the rights of senior citizens to take
AND FOR OTHER PURPOSES" their proper place in society and make it a concern of
the family, community, and government;
Be it enacted by the Senate and House of Representatives of the
Philippines in Congress assembled: "(b) To give full support to the improvement of the total
well-being of the elderly and their full participation in
Section 1. Title. - This Act Shall be known as the "Expanded Senior society, considering that senior citizens are integral
Citizens Act of 2010." part of Philippine society;

Section 2. Section 1 of Republic Act No. 7432, as amended by "(c) To motivate and encourage the senior citizens to
Republic Act No. 9257, otherwise known as the "Expanded Senior contribute to nation building;
Citizens Act of 2003", is hereby further amended to read as follows:
"(d) To encourage their families and the communities
"SECTION 1. Declaration of Policies and Objectives. - As provided in they live with to reaffirm the valued Filipino tradition
the Constitution of the Republic of the Philippines, it is the declared of caring for the senior citizens;
policy of the State to promote a just and dynamic social order that
will ensure the prosperity and independence of the nation and free "(e) To provide a comprehensive health care and
the people from poverty through policies that provide adequate social rehabilitation system for disabled senior citizens to
services, promote full employment, a rising standard of living and an foster their capacity to attain a more meaningful and
improved quality of life. In the Declaration of Principles and State productive ageing; and
Policies in Article II, Sections 10 and 11, it is further declared that
the State shall provide social justice in all phases of national "(f) To recognize the important role of the private sector
development and that the State values the dignity of every human in the improvement of the welfare of senior citizens
person and guarantees full respect for human rights. and to actively seek their partnership.

"Article XIII, Section 11 of the Constitution provides that the Sate "In accordance with these objectives, this Act shall:
shall adopt an integrated and comprehensive approach to health
development which shall endeavor to make essential goods, health "(1) establish mechanisms whereby the contributions
and other social services available to all the people at affordable cost. of the senior citizens are maximized;
There shall be priority for the needs of the underprivileged, sick,
elderly, disabled, women and children. Article XV, Section 4 of the "(2) adopt measures whereby our senior citizens are
Constitution Further declares that it is the duty of the family to take assisted and appreciated by the community as a
whole;

1|Page HUMAN RIGHTS/RIGHTS OF THE ELDERLY


"(3) establish a program beneficial to the senior necessary for the diagnosis or treatment of an illness
citizens, their families and the rest of the community or injury;
they serve: and
"(f) Nearest surviving relative refers to the legal spouse
"(4) establish community-based health and who survives the deceased senior citizen: Provided,
rehabilitation programs for senior citizens in every That where no spouse survives the decedent, this shall
political unit of society." be limited to relatives in the following order of degree
of kinship: children, parents, siblings, grandparents,
Section 3. Section 2 of Republic Act No. 7432, as amended by grandchildren, uncles and aunts;
Republic Act No. 9257, otherwise known as the Expanded Senior
Citizens Act of 2003", is hereby further amended to read as follows: "(g) Home health care service refers to health or
supportive care provided to the senior citizen patient
SEC. 2. Definition of terms. - For purposes of this Act, these terms are at home by licensed health care professionals to
defined as follows: include, but not limited to, physicians, nurses,
midwives, physical therapist and caregivers; and
"(a) Senior citizen or elderly refers to any resident
citizen of the Philippines at least sixty (60) years old; "(h) Indigent senior citizen, refers to any elderly who is
frail, sickly or with disability, and without pension or
"(b) Geriatrics refer to the branch of medical science permanent source of income, compensation or
devoted to the study of the biological and physical financial assistance from his/her relatives to support
changes and the diseases of old age; his/her basic needs, as determined by the Department
of Social Welfare and development (DSWD) in
"(c) Lodging establishment refers to a building, edifice, consultation with the National Coordinating and
structure, apartment or house including tourist inn, Monitoring Board."
apartelle, motorist hotel, and pension house engaged
in catering, leasing or providing facilities to transients, Section 4 Section 4 of Republic Act No. 7432, as amended by
tourists or travelers; Republic Act No. 9257, otherwise known as the "Expanded Senior
Citizens Act of 2003", is hereby further amended to read as follows:
"(d) Medical Services refer to hospital services,
professional services of physicians and other health "SEC. 4. Privileges for the Senior Citizens. -
care professionals and diagnostics and laboratory tests
that the necessary for the diagnosis or treatment of an The senior citizens shall be entitled to the following:
illness or injury;
"(a) the grant of twenty percent (20%) discount and exemption from
"(e) Dental services to oral examination, cleaning, the value -added tax (VAT), if applicable, on the sale of the following
permanent and temporary filling, extractions and gum goods and services from all establishments, for the exclusive use and
treatments, restoration, replacement or repositioning enjoyment or availment of the senior citizen
of teeth, or alteration of the alveolar or periodontium
process of the maxilla and the mandible that are

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"(1) on the purchase of medicines, including the "(7) on the utilization of services in hotels and similar
purchase of influenza and pnuemococcal vaccines, lodging establishments, restaurants and recreation
and such other essential medical supplies, accessories centers;
and equipment to be determined by the Department of
Health (DOH). "(8) on admission fees charged by theaters, cinema
houses and concert halls, circuses, leisure and
"The DOH shall establish guidelines and mechanism of amusement; and
compulsory rebates in the sharing of burden of
discounts among retailers, manufacturers and "(9) on funeral and burial services for the death of
distributors, taking into consideration their respective senior citizens;
margins;
"(b) exemption from the payment of individual income taxes of senior
"(2) on the professional fees of attending physician/s citizens who are considered to be minimum wage earners in
in all private hospitals, medical facilities, outpatient accordance with Republic Act No. 9504;
clinics and home health care services;
"(c) the grant of a minimum of five percent (5%) discount relative to
"(3) on the professional fees of licensed professional the monthly utilization of water and electricity supplied by the public
health providing home health care services as utilities: Provided, That the individual meters for the foregoing
endorsed by private hospitals or employed through utilities are registered in the name of the senior citizen residing
home health care employment agencies; therein: Provided, further, That the monthly consumption does not
exceed one hundred kilowatt hours (100 kWh) of electricity and thirty
"(4) on medical and dental services, diagnostic and cubic meters (30 m3) of water: Provided, furthermore, That the
laboratory fees in all private hospitals, medical privilege is granted per household regardless of the number of senior
facilities, outpatient clinics, and home health care citizens residing therein;
services, in accordance with the rules and regulations
to be issued by the DOH, in coordination with the "(d) exemption from training fees for socioeconomic programs;
Philippine Health Insurance Corporation (PhilHealth);
"(e) free medical and dental services, diagnostic and laboratory fees
"(5) in actual fare for land transportation travel in such as, but not limited to, x-rays, computerized tomography scans
public utility buses (PUBs), public utility jeepneys and blood tests, in all government facilities, subject to the guidelines
(PUJs), taxis, Asian utility vehicles (AUVs), shuttle to be issued by the DOH in coordination with the PhilHealth;
services and public railways, including Light Rail
Transit (LRT), Mass Rail Transit (MRT), and Philippine "(f) the DOH shall administer free vaccination against the influenza
National Railways (PNR); virus and pneumococcal disease for indigent senior citizen patients;

"(6) in actual transportation fare for domestic air "(g) educational assistance to senior citizens to pursue pot secondary,
transport services and sea shipping vessels and the tertiary, post tertiary, vocational and technical education, as well as
like, based on the actual fare and advanced booking; short-term courses for retooling in both public and private schools
through provision of scholarships, grants, financial aids, subsides

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and other incentives to qualified senior citizens, including support for senior citizen resides: Provided, That the identification
books, learning materials, and uniform allowances, to the extent card issued by the particular OSCA shall be honored
feasible: Provided, That senior citizens shall meet minimum nationwide;
admission requirements;
"(2) the passport of the senior citizen concerned; and
"(h) to the extent practicable and feasible, the continuance of the
same benefits and privileges given by the Government Service "(3) other documents that establish that the senior
Insurance System (GSIS), the Social Security System (SSS) and the citizen is a citizen of the Republic and is at least sixty
PAG-IBIG, as the case may be, as are enjoyed by those in actual (60) years of age as further provided in the
service; implementing rules and regulations.

"(i) retirement benefits of retirees from both the government and the "In the purchase of goods and services which are on promotional
private sector shall be regularly reviewed to ensure their continuing discount, the senior citizen can avail of the promotional discount or
responsiveness and sustainability, and to the extent practicable and the discount provided herein, whichever is higher.
feasible, shall be upgraded to be at par with the current scale enjoyed
by those in actual service; "The establishment may claim the discounts granted under
subsections (a) and (c) of this section as tax deduction based on the
"(j) to the extent possible, the government may grant special cost of the goods sold or services rendered: Provided, That the cost of
discounts in special programs for senior citizens on purchase of basic the discount shall be allowed as deduction from gross income for the
commodities, subject to the guidelines to be issued for the purpose same taxable year that the discount is granted: Provided, further,
by the Department of Trade and Industry (DTI) and the Department That the total amount of the claimed tax deduction net of VAT, if
of Agriculture (DA); applicable, shall be included in their gross sales receipts for tax
purposes and shall be subject to proper documentation and to the
"(k) provision of express lanes for senior citizens in all commercial provisions of the National Internal Revenue Code (NICR), as
and government establishments; in the absence thereof, priority shall amended."
be given to them; and
Section 5. Section 5 of the same Act, as amended, is hereby further
"(l) death benefit assistance of a minimum of Two thousand pesos amended to read as follows:
(Php2, 000.00) shall be given to the nearest surviving relative of a
deceased senior citizen which amount shall be subject to "SEC. 5. Government Assistance. - The government shall provide the
adjustments due to inflation in accordance with the guidelines to be following:
issued by the DSWD.1avvphi1
"(a) Employment
"In the availment of the privileges mentioned above, the senior
citizen, or his/her duly authorized representative, may submit as "Senior citizens who have the capacity and desire to work, or be re-
proof of his/her entitled thereto any of the following: employed, shall be provided information and matching services to
enable them to be productive members of society. Terms of
"(1) an identification card issued by the Office of the employment shall conform with the provisions of the Labor Code, as
Senior Citizen Affairs (OSCA) of the place where the amended, and other laws, rules and regulations.

4|Page HUMAN RIGHTS/RIGHTS OF THE ELDERLY


"Private entities that will employ senior citizens as employees, upon "The national health program for senior citizens shall, among others,
the effectivity of this Act, shall be entitled to an additional deduction be harmonized with the National Prevention of Blindness Program of
from their gross income, equivalent to fifteen percent (15%) of the the DOH.
total amount paid as salaries and wages to senior citizens, subject to
the provision of Section 34 of the NIRC, as amended: Provided, "Throughout the country, there shall be established a "senior citizens'
however, That such employment shall continue for a period of at least ward" in every government hospital. This geriatric ward shall be for
six (6) months: Provided, further, That the annual income of the the exclusive use of senior citizens who are in need of hospital
senior citizen does not exceed the latest poverty threshold as confinement by reason of their health conditions. However, when
determined by the National Statistical Coordination Board (NSCB) of urgency of public necessity purposes so require, such geriatric ward
the National Economic and Development Authority (NEDA) for that may be used for emergency purposes, after which, such "senior
year. citizens' ward" shall be reverted to its nature as geriatric ward.

"The Department of Labor and Employment (DOLE), in coordination "(d) Social Services
with other government agencies such as, but not limited to, the
Technology and Livelihood Resource Center (TLRC) and the "At least fifty percent (50%) discount shall be granted on the
Department of Trade and Industry (DTI), shall assess, design and consumption of electricity, water, and telephone by the senior
implement training programs that will provide skills and welfare or citizens center and residential care/group homes that are
livelihood support for senior citizens. government-run or non-stock, non-profit domestic corporation
organized and operated primarily for the purpose of promoting the
"(b) Education well-being of abandoned, neglected, unattached, or homeless senior
citizens, subject to the guidelines formulated by the DSWD.
"The Department of Education (DepED), the Technical Education and
Skills Development Authority (TESDA) and the Commission on "(1) "self and social enhancement services" which
Higher Education (CHED), in consultation with nongovernmental provide senior citizens opportunities for socializing,
organizations (NGOs) and people's organizations (POs) for senior organizing, creative expression, and self-improvement;
citizens, shall institute programs that will ensure access to formal
and nonformal education. "(2) "after care and follow-up services" for citizens who
are discharged from the homes or institutions for the
"(c) Health aged, especially those who have problems of
reintegration with family and community, wherein
"The DOH, in coordination with local government units (LGUs), NGOs both the senior citizens and their families are provided
and POs for senior citizens, shall institute a national health program with counseling;
and shall provide an integrated health service for senior citizens. It
shall train community-based health workers among senior citizens "(3) "neighborhood support services" wherein the
and health personnel to specialize in the geriatric care and health community or family members provide caregiving
problems of senior citizens. services to their frail, sick, or bedridden senior
citizens; and

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"(4) "substitute family care " in the form of residential needs of senior citizens, subject to a review every two
care or group homes for the abandoned, neglected, (2) years by Congress, in consultation with the DSWD.
unattached or homeless senior citizens and those
incapable of self-care. "(2) Mandatory PhilHealth Coverage

"(e) Housing "All indigent senior citizens shall be covered by the


national health insurance program of PhilHealth. The
"The national government shall include in its national shelter LGUs where the indigent senior citizens resides shall
program the special housing needs of senior citizens, such as allocate the necessary funds to ensure the enrollment
establishment of housing units for the elderly. of their indigent senior citizens in accordance with the
pertinent laws and regulations.
"(f) Access to Public Transport
"(3) Social Safety Nets
"The Department of Transportation and Communications (DOTC)
shall develop a program to assist senior citizens to fully gain access "Social safety assistance intended to cushion the effects of economics
to public transport facilities. shocks, disasters and calamities shall be available for senior citizens.
The social safety assistance which shall include, but not limited to,
"(g) Incentive for Foster Care food, medicines, and financial assistance for domicile repair, shall be
sourced from the disaster/calamity funds of LGUs where the senior
"The government shall provide incentives to individuals or citizens reside, subject to the guidelimes to be issued by the DSWD."
nongovernmental institution caring for or establishing homes,
residential communities or retirement villages solely for, senior Section 6. Section 6 of the same Act, as amended, is heeby further
citizens, as follows: amended to read as follows:

"(1) realty tax holiday for the first five (5) years starting SEC. 6. The Office for Senior Citizens Affairs (OSCA). - There shall be
from the first year of operation; and established in all cities and municipalities an OSCA to be headed by
a senior citizen who shall be appointed by the mayor for a term of
"(2) priority in the construction or maintenance of three (3) years without reappointment but without prejudice to an
provincial or municipal roads leading to the aforesaid extension if exigency so requires. Said appointee shall be chosen from
home, residential community or retirement village. a list of three (3) nominees as recommended by a general assembly of
senior citizens organizations in the city or municipality.
"(h) Additional Government Assistance
"The head of the OSCA shall be appointed to serve the interest of
"(1) Social Pension senior citizens and shall not be removed or replaced except for
reasons of death permanent disability or ineffective performance of
"Indigent senior citizens shall be entitled to a monthly his duties to the detriment of fellow senior citizens.
stipend amounting to Five hundred pesos (Php500.00)
to augment the daily subsistence and other medical

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"The head of the OSCA shall be entitled to receive an honorarium of "(g) To assist the senior citizens in filing complaints or
an amount at least equivalent to Salary Grade 10 to be approved by charges against any individual, establishments,
the LGU concerned. business entity, institution, or agency refusing to
comply with the privileges under this Act before the
"The head of the OSCA shall be assisted by the City Social Welfare Department of Justice (DOJ), the Provincial
and Development officer or by the Municipal Social Welfare and Prosecutor's Office, the regional or the municipal trial
Development Officer, in coordination with the Social Welfare and court, the municipal trial court in cities, or the
Development Office. municipal circuit trial court."

"The Office of the Mayor shall exercise supervision over the OSCA Section 7. Section 10 of the same Act, as amended, is hereby further
relative to their plans, activities and programs for senior citizens. The amended to read as follows:
OSCA shall work together and establish linkages with accredited
NGOs Pos and the barangays in their respective areas. "SEC. 10. Penalties. - Any person who refuses to honor the senior
citizen card issued by this the government or violates any provision of
"The OSCA shall have the following functions: this Act shall suffer the following penalties:

"(a) To plan, implement and monitor yearly work "(a) For the first violation, imprisonment of not less
programs in pursuance of the objectives of this Act; than two (2) years but not more than six (6) years and
a fine of not less than Fifty thousand pesos
"(b) To draw up a list of available and required services (Php50,000.00) but not exceeding One hundred
which can be provided by the senior citizens; thousand pesos (Php100,000.00);

"(c) To maintain and regularly update on a quarterly "(b) For any subsequent violation, imprisonment of not
basis the list of senior citizens and to issue national less than two (2) years but not more than six (6) years
individual identification cards, free of charge, which and a fine of not less than One Hundred thousand
shall be valid anywhere in the country; pesos (Php100,000.00) but not exceeding Two hundred
thousand pesos (Php200,000.00); and
"(d) To serve as a general information and liason center
for senior citizens; "(c) Any person who abuses the privileges granted
herein shall be punished with imprisonment of not
"(e) To monitor compliance of the provisions of this Act less than six (6) months and a fine of not less than
particularly the grant of special discounts and Fifty thousand pesos (Php50,000.00) but not more
privileges to senior citizens; than One hundred thousand pesos (Php100,000.00).

"(f) To report to the mayor, any individual, "If the offender is a corporation, partnership, organization or any
establishments, business entity, institutions or agency similar entity, the officials thereof directly involved such as the
found violating any provision of this Act; and president, general manager, managing partner, or such other officer
charged with the management of the business affairs shall be liable
therefor.

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"If the offender is an alien or a foreigner, he/she shall be deported "The Board may call on other government agencies, NGOs and Pos to
immediately after service of sentence. serve as resource persons as the need arises. Resource person have
no right to vote in the National Coordinating and Monitoring Board."
"Upon filing of an appropriate complaint, and after due notice and
hearing, the proper authorities may also cause the cancellation or Section 9. Implementing Rules and Regulations. - Within sixty (60)
revocation of the business permit, permit to operate, franchise and days from theeffectivity of this Act, the Secretary of the DSWD shall
other similar privileges granted to any person, establishment or formulate and adopt amendments to the existing rules and
business entity that fails to abide by the provisions of this Act." regulations implementing Republic Act No. 7432, as amended by
Republic Act No. 9257, to carry out the objectives of this Act, in
Section 8. Section 11 of the same Act, as amended, is hereby further consultation with the Department of Finance, the Department of
amended to read as follows: Tourism, the Housing and Urban Development Coordinating Council
(HUDCC), the DOLE, the DOJ, the DILG, the DTI, the DOH, the
"SEC. 11. Monitoring and Coordinating Mechanism. - A National DOTC, the NEDA, the DepED, the TESDA, the CHED, and five (5)
Coordinating and Monitoring Board shall be established which shall NGOs or POs for the senior citizens duly accredited by the DSWD.
be composed of the following: The guidelines pursuant to Section 4(a)(i) shall be established by the
DOH within sixty (60) days upon the effectivity of this Act.
"(a) Chairperson - the Secretary of the DSWD or an
authorized representative; Section 10. Appropriations. - The Necessary appropriations for the
operation and maintenance of the OSCA shall be appropriated and
"(b) Vice Chairperson - the Secretary of the approved by the LGUs concerned. For national government agencies,
Department of the Interior and Local Government the requirements to implement the provisions of this Act shall be
(DILG) or an authorized representative; and included in their respective budgets: Provided, That the funds to be
used for the national health program and for the vaccination of senior
"(c) Members: citizens in the first year of the DOH and thereafter, as a line item
under the under the DOH budget in the subsequent General
"(1) the Secretary of the DOJ or an authorized Appropriations Act (GAA): Provided, further, That the monthly social
representative; pension for indigent senior citizens in the first year of implementation
shall be added to the regular appropriations of the DSWD budget in
"(2) the Secretary of the DOH or an authorized the subsequent GAA.
representative;
Section 11. Repealing Clause. - All law, executive orders, rules and
"(3) the Secretary of the DTI or an authorized regulations or any part hereof inconsistent herewith are deemed
representative; and repealed or modified accordingly.

(4) representatives from five (5) NGOs for senior Section 12. Separability Clause. - If any part or provision of this Act
citizens which are duly accredited by the shall be declared unconstitutional and invalid, such 18 declaration
DSWD and have service primarily for senior shall not invalidate other parts thereof which shall remain in full
citizens. Representatives of NGOs shall serve a force and effect.
period of tree (3) years.

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Section 13. Effectivity. - This Act shall take effect fifteen (15) days its
complete publication n the Official Gazette or in at least two (2)
newspapers of general circulation, whichever comes earlier.

Approved

(Sgd.) PROSPERO C. (Sgd.) JUAN PONCE ENRILE


NOGRALES President of the Senate
Speaker of the House of
Representatives

This Act which is a consolidation of Senate Bill No. 3561 and House
Bill No. 6390 was finally passed by the Senate and the House of
Representatives on January 27, 2010.

(Sgd.) MARILYN B. BARUA- (Sgd.) EMMA LIRIO-REYES


YAP Secretary of Senate
Secretary General
House of Represenatives

Approved: FEB 15, 2010

(Sgd.) GLORIA MACAPAGAL-ARROYO


President of the Philippines

The Lawphil Project - Arellano Law Foundation

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IMPLEMENTING RULES AND REGULATIONS OF REPUBLIC ACT b) It is further declared that the State shall promote social
NO. 9994, ALSO KNOWN AS THE "EXPANDED SENIOR CITIZENS justice in all phases of national development and values the
ACT OF 2010," AN ACT GRANTING ADDITIONAL BENEFITS AND dignity of every human person and guarantees full respect for
PRIVILEGES TO SENIOR CITIZENS, FURTHER AMENDING human rights.
REPUBLIC ACT NO. 7432 OF 1992 AS AMENDED BY REPUBLIC
ACT NO. 9257 OF 2003 c) In all matters relating to the care, health, and benefits of
the elderly, the State shall adopt an integrated and
RULE I comprehensive approach to health development which shall
TITLE, PURPOSE AND CONSTRUCTION endeavor to make essential goods, health and other social
services available to all people at affordable costs giving
Article 1. Title. - These Rules shall be known and cited as the priority for the needs of the underprivileged sick, elderly,
Implementing Rules and Regulations of Republic Act No. 9994, disabled, women and children.
otherwise known as the "Expanded Senior Citizens Act of 2010."
d) Further, it is declared that though the family has the duty
Article 2. Purpose. - Pursuant to Section 9 of RA No. 9994 (hereinafter to take care for its elderly members, the State may also help
referred to as the Act), these Rules and Regulations are promulgated through just programs of social security.
to prescribe the procedures and guidelines for its implementation, in
order to facilitate compliance with the Act and to achieve its Section 2. Consonant with these constitutional policies and RA 9994,
objectives. these Rules shall serve the following objectives:

Article 3. Construction. - These Rules shall be construed and applied a) To recognize the rights of senior citizens to take their
in accordance with and in furtherance of the policies and objectives proper place in society and make them a concern of the
of the law. In case of conflict or ambiguity, the same shall be family, community, and government;
construed liberally and in favor of the senior citizens.
b) To give full support to the improvement of the total well-
RULE II being of the elderly and their full participation as an integral
DECLARATION OF POLICIES AND OBJECTIVES part of Philippine society;

Article 4. Declaration of Policies and Objectives. - c) To motivate and encourage the senior citizens to contribute
to nation building;
Section 1. As provided in the Constitution of the Philippines:
d) To encourage their families and the communities they live
a) It is the declared policy of the State to promote a just and in to reaffirm and apply the valued Filipino traditions of caring
dynamic social order that will ensure the prosperity and for the senior citizens;
independence of the nation and free the people from poverty
through policies that provide adequate social services, e) To provide a comprehensive health care and rehabilitation
promote full employment, a rising standard of living, and an system for senior citizens with disability to foster their
improved quality of life for all. capacity to attain a more meaningful and productive ageing;
and

10 | P a g e H U M A N R I G H T S / R I G H T S O F T H E E L D E R L Y
f) To recognize the important role of the private and the non- 5.4 GERONTOLOGY - is the scientific study of the biological,
government sector in the improvement of the welfare of senior psychological, and sociological phenomena associated with old age
citizens and to actively seek their partnership. and ageing and in determining answers about the normal aging
process rather than the diseases of old age. It is also the scientific
Section 3. In conformity with these objectives, these Rules shall: study of the processes of aging from many disciplines, including
social work, anthropology, biology, history, sociology, psychology, and
a) Establish mechanisms whereby the contributions of the demography.
senior citizens are maximized;
5.5 IDENTIFICATION DOCUMENT - refers to any document or proof
b) Adopt measures whereby our senior citizens are assisted of being a senior citizen which may be used for the availment of
and appreciated by the community as a whole; benefits and privileges under the Act and its Rules. It shall be any of
the following:
c) Establish programs beneficial to the senior citizens, their
families and the rest of the community that they serve; and a) Senior Citizens' Identification Card issued by the Office of
Senior Citizens Affairs (OSCA) in the city or municipality
d) Establish community-based health and rehabilitation where the elderly resides;
programs in every political unit of society.
b) The Philippine passport of the elderly person or senior
RULE III citizen concerned; and
DEFINITION OF TERMS
c) Other valid documents that establish the senior citizen or
Article 5. Definition of Terms. - For purposes of these Rules, the terms elderly person as a citizen of the Republic and at least sixty
are defined as follows: (60) years of age, which shall include but not be limited to the
following government-issued identification documents
5.1 SENIOR CITEZEN OR ELDERLY - refers to any Filipino citizen indicating an elderly's birthdate or age: driver's license, voters
who is a resident of the Philippines, and who is sixty (60) years old or ID, SSS/GSIS ID, PRC card, postal ID.
above. It may apply to senior citizens with "dual citizenship" status
provided they prove their Filipino citizenship and have at least six (6) 5.6 LODGING ESTABLISHMENT - refers to a building, edifice,
months residency in the Philippines. structure, apartment, or house including tourist inn, apartelle,
motorist hotel, and pension house engaged in catering, leasing, or
5.2 BENEFACTOR - refers to any person whether related or not to the providing facilities to transients, tourists, or travelers, duly licensed
senior citizen who provides care or who gives any form of assistance with business permit and/or franchised by the national government
to him/her, and on whom the senior citizen is dependent on for agencies or the local government units.
primary care and material support, as certified by the City or
Municipal Social Welfare and Development Officer (C/MSWDO). 5.7 HOTEL/HOSTEL - refers to an establishment whose building,
edifice or premises, including a completely independent part thereof
5.3 GERIATRICS - refers to the branch of medical science devoted to such as cottages, cabanas, or huts, are used for the regular
the study, management and treatment of the biological and physical reception, accommodation or lodging of travelers, tourists, or
changes, and the diseases of old age. vacationers, and provides other services incidental thereto for a fee;

11 | P a g e H U M A N R I G H T S / R I G H T S O F T H E E L D E R L Y
5.8 RESTAURANT - refers to any establishment duly licensed and 5.12 DIAGNOSTIC AND LABORATORY TESTS - refers to diagnostic
with business permits issued by the local government units, offering examinations that are necessary for the diagnosis and/or treatment
to the public, regular and special meals or menu, fast food, cooked of an illness and injury, including but not limited to X-ray, CT scans,
food and short orders. Such eating-places may also serve coffee, ECG, 2D Echo, gastroenterology, blood chemistry exams,
beverages and drinks. This covers Quick-Service Restaurants or histopathology and immunopathology, hematology, urine analysis,
QSRs, Casual Dining and Fine Dining Restaurants as defined below: parasitology and bacteriology test, and serology.

a) QUICK SERVICE RESTAURANTS, or fast-food chains, refer 5.13 OFFICE FOR SENIOR CITIZENS AFFAIRS (OSCA) - refers to the
to restaurants with multiple branches that have menu boards office established in cities and municipalities under the Office of the
where food item choices are listed. Customers place their Mayor headed by a senior citizen.
orders with the cashier and pay right after their orders are
taken. 5.14 NON_GOVERNMENTAL ORGANIZATION or NGO - refers to any
private entity, which is non-profit and voluntary in nature dedicated
b) CASUAL and FINE DINING RESTAURANTS - are to the promotion, enhancement and support of the welfare of senior
restaurants where customers are seated first before their food citizens, duly registered with any regulatory body.
orders are taken by waiters. They are served at their tables
and pay only after they have consumed their meals. For purposes of the Act and its Rules, an ACCREDITED NGO refers
to any private non-stock non-profit organization, regional or national
5.9 MEDICINES - refer to prescription and non-prescription/over- in scope, mainly providing services for senior citizens, duly registered
the-counter drugs, both generic and branded, including vitamins and with the Securities and Exchange Commission (SEC), Cooperative
mineral supplements medically prescribed by the elderly's physician, Development Authority (CDA), or any appropriate government
and approved by the Department of Health (DOH) and the Food and regulatory body and registered or licensed with, and with programs
Drug Administration (FDA), which are intended for use in the accredited by, the Department of Social Welfare and Development
diagnosis, cure, mitigation, treatment or prevention of human disease (DSWD).
or sickness. It does not include food, devices or their components,
parts, or accessories. 5.15 PEOPLE'S ORGANIZATION or PO - refers to a type of social
welfare and development association with a bonafide membership, an
5.10 MEDICAL SERVICES - refer to public and private hospital identifiable leadership and an organizational structure that has
services, professional services of physicians and other health care demonstrated its capacity to promote the public interest and engage
professionals, and diagnostic and laboratory tests that are requested in social welfare and development activities. As part of the civil
by a physician as necessary for the diagnosis and/or treatment of an society movement, it is composed of a specific population or sector,
illness or injury. like the senior citizens, and seeks to represent the interest of its
members.
5.11 DENTAL SERVICES - refer to oral examination, cleaning,
permanent and temporary filling, extractions and gum treatments, 5.16 SENIOR CITIZENS CENTER - refers to the place established by
restoration, replacement or repositioning of teeth, or alteration of the Republic Act No. 7876 or the Senior Citizens Center Act, with
alveolar or periodontium process of the maxilla and the mandible recreational, educational, health and social programs and facilities
that are necessary for the diagnosis and/or treatment of a dental designed for the full enjoyment and benefit of the senior citizens in
illness or injury. the city or municipality accredited by the DSWD. It can be any

12 | P a g e H U M A N R I G H T S / R I G H T S O F T H E E L D E R L Y
available structure, a spacious room in a private or public building, a 5.21 AFTER CARE SERVICES - refer to the provision of interventions,
room attached to a community center, a barangay hall or chapel. approaches, and strategies with the end goal of ensuring effective
reintegration of older persons discharged from residential facilities.
5.17 RETIREMENT VILLAGE - refers to an independent-living facility,
often with continuing-care amenities. It refers to a residential 5.22 BASIC NECESSITIES - refer to rice, corn, bread, fresh, dried and
community offering separate or autonomous houses for residents. It canned fish and other marine products, fresh pork, beef and poultry,
is a retirement habitat with a multi-residence housing facility that is meat, fresh eggs, fresh and processed milk, fresh vegetables, root
planned, designed and geared towards people who no longer work crops, coffee, sugar, cooking oil, salt, laundry soap, detergents, and
and are restricted to a certain age. It has particular conveniences drugs classified as essential by the DOH and other commodities as
catering to the wishes and desires of retirees, which may include maybe classified by the Department of Trade and Industry (DTI) and
services such as clubhouses, swimming pools, arts and crafts, the Department of Agriculture (DA) according to Republic Act No.
boating, walking trails, golf courses, active adult retail and on-site 7581 or the Price Act.
medical services.
5.23 PRIME COMMODITIES - refer to fresh fruits, flour, dried,
5.18 GROUP HOMES - refer to a community-based alternative living processed and canned pork, beef and poultry, meat, dairy products
arrangement to institutional care. It can be a transit home for a not falling under basic necessities; noodles, onions, garlic, and all
definite period for neglected older persons while the necessary drugs not classified as essential drugs by the DOH and other
services of locating relatives and care management is ongoing. It commodities that may be classified by the DTI and the DA according
envisions responding to the needs of the senior citizens who have to Republic Act No. 7581 or The Price Act.
been abandoned, have no families to return to or to whose family
reunification is not suitable, and are assessed to be needing group 5.24 NEAREST SURVIVING RELATIVE - refers to the closest person
living experience. The program enables a minimum of 6 and a related to the deceased senior citizen by blood or affinity, such as the
maximum of 10 clients discharged from a residential care facility to legal spouse who survives the deceased senior citizen: Provided, That
live together and manage their group living activities with minimal where no spouse survives the decedent, this shall be limited to
supervision from the agency social worker. relatives in the following order of degree of kinship: children, parents,
siblings, grandchildren, uncles and aunts.
5.19 FOSTER CARE - refer to a social work intervention which
provides for a planned substitute or alternative family care by a 5.25 HOME HEALTH CARE SERVICE - refers to health or supportive
licensed foster family to a neglected, abandoned, unattached and care provided to the senior citizen patient at home by TESDA-certified
poor older person. caregivers or licensed health care professionals to include, but not
limited to, physicians, nurses, midwives, and physical therapists.
5.20 RESIDENTIAL CARE FACILITY - refers to facility which provides
twenty-four (24) hour residential care services operated primarily for 5.26 INDIGENT SENIOR CITIZEN - refers to any elderly who is frail,
the purpose of promoting the well-being of abandoned, neglected, sickly, or with disability, and without pension or regular source of
unattached or homeless senior citizens. The facility may be run by income, compensation or financial assistance from his/her relatives
government or non-stock non-profit organization and is accredited by to support his/her basic needs, as determined by the DSWD in
the DSWD to serve a minimum of 10 clients. consultation with the National Coordinating and Monitoring Board
(NCMB).

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RULE IV dentures, prosthetics, artificial bone replacements like steel,
PRIVILEGES FOR THE SENIOR CITIZENS walkers, crutches, wheelchairs whether manual or electric-
powered, canes/quad canes, geriatric diapers, and other
Article 6. OSCA-issued Senior Citizens' Identification Card. - For the essential medical supplies, accessories and equipment by or
availment of benefits and privileges under the Act and these Rules, for senior citizens.
the senior citizen, or his/her duly authorized representative, shall
present as proof of eligibility, a valid and original Senior Citizens' The purchase under Sections 1 (a) and (b) from drug stores,
Identification Card issued by the Head of the Office of Senior Citizens hospital pharmacies, medical and optical clinics and similar
Affairs (OSCA) of the place where the senior citizen resides, and establishments including non-traditional outlets dispensing
which shall be honored nationwide. medicines, shall be subject to guidelines that shall be issued
by the DOH within thirty (30) days from effectivity of these
Article 7. Twenty Percent (20%) Discount and VAT Exemption - The Rules, in coordination with the Food and Drug Administration
senior citizens shall be entitled to the grant of twenty percent (20%) (FDA) and the Philippine Health Insurance Corporation
discount and to an exemption from the value-added tax (VAT), IF (PHILHEALTH). Said guidelines shall also indicate what
APPLICABLE, on the sale of the goods and services covered by constitutes discounted essential medical supplies, accessories
Section 1 to 6 of this Article, from all establishments for the exclusive and equipment as contemplated by Section 1 (b), and will be
use and enjoyment or availment of senior citizens. subjected to a regular review as deemed necessary in keeping
with the changes, demands and needs of senior citizens.
For this purpose, the Department of Finance (DOF) through the
Bureau of Internal Revenue (BIR) shall come up with the appropriate The guidelines issued by the DOH, in consultation with the
Revenue Regulations on the 20% senior citizens discount and VAT DOF and the BIR, shall also establish mechanisms of
exemption within thirty (30) days from effectivity of these Rules that compulsory rebates in the sharing of burden of discounts
shall cover among others, new invoicing procedures, reportorial among retailers, manufacturers and distributors, taking into
requirements, and a system for claiming tax deductions. consideration their respective margins. When necessary, the
DOF and the BIR shall come up with the appropriate Revenue
Section 1. MEDICAL_RELATED PRIVILEGES Regulations for this purpose.

(a) MEDICINE AND DRUG PURCHASES - The 20% discount (c) MEDICAL AND DENTAL SERVICES IN THE PRIVATE
and VAT exemption shall apply to the purchase of generic or FACILITIES - Medical and dental services, diagnostic and
branded medicines and drugs by or for senior citizens, laboratory tests such as but not limited to X-Rays,
including the purchase of influenza and pneumococcal computerized tomography scans, and blood tests, that are
vaccines. The 20% discount and VAT exemption shall also be requested by a physician as necessary for the diagnosis
granted to the purchase of vitamins and mineral supplements and/or treatment of an illness or injury are subjected to the
which are medically prescribed by an attending physician for 20% discount and VAT exemption.
prevention and treatment of diseases, illness, or injury.
(d) PROFESSIONAL FEES OF ATTENDING PHYSICIAN/S in
(b) ESSENTIAL MEDICAL SUPPLIES, ACCESSORIES AND all private hospitals, medical facilities, outpatient clinics and
EQUIPMENT - The 20% discount and VAT exemption privilege home health care facilities shall be subjected to the 20%
shall also apply to the purchase of eyeglasses, hearing aids, discount and VAT exemption.

14 | P a g e H U M A N R I G H T S / R I G H T S O F T H E E L D E R L Y
(e) PROFESSIONAL FEES OF LICENSED HEALTH WORKERS (a) HOTELS AND SIMILAR LODGING ESTABLISHMENTS -
PROVIDING HOME HEALTH CARE SERVICES as endorsed by The discount shall be for room accommodation and other
private hospitals or employed through home health care amenities offered by the establishment such as but not
employment agencies are entitled to the 20% discount and limited to hotel-based parlors and barbershops, restaurants,
VAT exemption. The burden of the discount shall be borne massage parlor, spa, sauna bath, aromatherapy rooms,
solely by the employment agency given the health worker's workout gyms, swimming pools, Jacuzzis, ktv bars, internet
very minimal share compared to the agency fee. facilities, food, drinks and other services offered. The term
"hotel" shall include beach and mountain resorts,
Section 2. DOMESTIC TRANSPORTATION PRIVILEGES
(b) RESTAURANTS - The discount shall be for the purchase of
The Department of Transportation and Communication (DOTC), in food, drinks, dessert, and other consumable items served by
coordination with the Maritime Industry Authority (MARINA), the establishments offered for the consumption of the general
Philippine Ports Authority (PPA), the Civil Aeronautics Board (CAB), public.
Light Rail Transit Authority (LRTA), Philippine National Railways
(PNR), Mass Rail Transit Authority (MRTA) and Land Transportation (c) For Dine-in services under paragraphs (a) and (b) of
Franchising and Regulatory Board (LTFRB), shall within thirty (30) Section 3, and Section 4, paragraph 2 of Article 7, the
days from effectivity of these Rules issue the necessary circulars or privilege must be personally availed of by the senior citizen as
directives on the following transportation privileges of senior citizens: defined under these Rules, and no proxies or authorization in
favor of another person who is not a senior citizen will be
(a) AIR AND SEA TRANSPORTATION PRIVILEGES - Fare for honored.
domestic air, and sea travel, including \f0 advanced booking,
shall be subject to the 20% discount and VAT exemption, if (d) Consistent with the intent of the Act, the phrase "exclusive
applicable. use and enjoyment" of the senior citizen shall mean "for the
senior citizen's personal consumption" only. As such, the 20%
(b) PUBLIC LAND TRANSPORTATION PRIVILEGES - Fare in senior citizen discount shall not apply to "children's meals"
the public railways including LRT, MRT, and PNR, fares in which are primarily prepared and intentionally marketed for
buses (PUB), jeepneys (PUJ), taxi and shuttle services (AUV), children. Similarly, the 20% senior citizen discount shall not
are likewise subject to the 20% discount and VAT exemption, apply to "pre-contracted" party packages or bulk orders.
if applicable.
(e) Food, drinks and other consumable items provided in
Section 3. HOTELS, RESTAURANTS, RECREATIONAL CENTERS, AND Section 3 (a) and (b), and Section 4, paragraph 2 of Article 7
PLACES OF LEISURES, AND FUNERAL SERVICES purchased by the senior citizen shall be processed separately
as an independent transaction from his/her non-eligible
The Department of Interior and Local Government (DILG) and companions to ensure that it is for his/her exclusive
Department of Tourism (DOT) shall, within thirty (30) days from consumption and to enable computation of the 205 discount
effectivity of these Rules, issue the necessary circulars or directives to and the exemption from the Value Added Tax (VAT), which
establishments for its implementation to ensure compliance only the senior citizen is entitled to.
herewith.

15 | P a g e H U M A N R I G H T S / R I G H T S O F T H E E L D E R L Y
However, if the group of diners is composed entirely of senior sold are not consumable items under club membership dues, they
citizens, all of whom present valid senior citizens IDs, each must grant the 20% senior citizen discount.
shall be entitled to a 20% discount and exemption from Value
Added Tax. Section 5. ADMISSION FEES PRIVILEGE - The discount shall be
applied to admission fees charged by theaters, cinema houses and
(f) The 20% discount shall apply to Take-Out/Take- concert halls, circuses, carnivals, and other similar places of culture,
Home/Drive-Thru orders as long as it is the senior citizen leisure and amusement such as museums and parks.
himself/herself who is present and personally ordering, and
he/she can show a valid senior citizen ID card. Section 6. FUNERAL AND BURIAL SERVICES - The beneficiary or any
person who shall shoulder the funeral and burial expenses of the
(g) For Delivery Orders, the 20% discount shall likewise apply deceased senior citizen, shall claim the discount under this Rule for
subject to certain conditions; i.e. senior citizen ID card the deceased senior citizen upon presentation of the death certificate.
number must be given while making the order over the Such expenses shall cover the purchase of casket or urn, embalming,
telephone; the senior citizen ID card must also be presented hospital morgue, transport of the body to intended burial site in the
upon delivery to verify the identity of the senior citizen entitled place of origin, but shall exclude obituary publication and the cost of
to the 20% discount. the memorial lot.

(h) For the above-mentioned transactions under paragraphs (f) Article 8. CREDIT CARD PAYMENTS - The 20% discount and VAT
and (g) of Section 3 of Article 7, the Most Expensive Meal exemption shall also apply to purchases of goods and services by
Combination (MEMC) shall apply to food purchases by senior senior citizens paying through credit cards.
citizens. The MEMC is an amount corresponding to the
combination of the most expensive and biggest single-serving Article 9. NO DOUBLE DISCOUNTS - In the purchase of goods and
meal with beverage served in a quick service restaurant, is services which are on promotional discount, the senior citizen can
deemed flexible and is adjusted accordingly by food avail of the establishment's offered discount or the 20% discount
establishments to estimate a single food purchase for an provided herein, whichever is higher and more favorable.
individual senior citizen.
In cases where the senior citizen is also a person with disability
Section 4. RECREATION CENTERS - The discount shall be for the (PWD) entitled to a 20% discount under his/her valid PWD
utilization of services in the form of fees, charges and rental for sport identification card (ID), the senior citizen shall use either his/her
facilities or equipment, including golfcart rentals and green fees, or OSCA-issued ID card or PWD ID card to avail of the 20% discount.
venues for ballroom dancing, yoga, badminton courts, bowling lanes,
table or lawn tennis, workout gyms, martial arts facilities. Article 10. TAX DEDUCTION - The establishment may claim the
discounts provided herein as tax deductions based on the cost of the
Non-profit, stock golf and country clubs which are not open to the goods sold or services rendered: Provided. That the cost of the
general public, and are private and for exclusive membership only as discount shall be allowed as deduction from the gross income for the
duly proven by their official Securities and Exchange (SEC) same taxable year that the discount is granted: Provides, further,
registration papers, are not mandated to give the 20% senior citizens That the total amount of the claimed tax deduction net of VAT, if
discount. However, should restaurants and food establishments applicable, shall be included in their gross sales receipts for tax
inside these country clubs be independent concessionaires and food purposes and shall be subject to proper documentation and to the

16 | P a g e H U M A N R I G H T S / R I G H T S O F T H E E L D E R L Y
provisions of the National Internal Revenue Code (NIRC), as abandoned, unattached or homeless senior citizens in government-
amended. run residential homes, centers and facilities shall likewise be entitled
to free vaccinations under these Rules.
For this purpose, the Department of Finance (DOF) through the
Bureau of Internal Revenue (BIR) shall come up with the appropriate The DOH shall enjoin all government and private hospitals, as well as
Revenue Regulations on the 20% senior citizens discount and VAT other health facilities to post, publish or print out a schedule of
exemption within thirty (30) days from effectivity of these Rules. health benefits and privileges i.e., laboratory and diagnostic test fees,
which should be regularly updated. These postings and publications
Article 11. OTHER PRIVILEGES shall be clearly identified in the guidelines.

Section 1. INCOME TAX EXEMPTION - The senior citizen shall be Section 5. EDUCATIONAL PRIVILEGES - Educational assistance shall
entitled to exemption from the payment of the individual income tax, be granted to senior citizens to pursue post secondary, post tertiary,
provided he/she is considered to be minimum wage earner in as well as vocational or technical education in both public and
accordance with Republic Act No. 9504. private schools through provision of scholarships, grants, financial
aid, subsidies and other incentives to qualified senior citizens,
Section 2. EXEMPTION FROM TRAINING FEES - The senior citizen including support for books, learning materials, and uniform
shall be exempted from training fees for socio-economic programs allowance, to the extent feasible: Provided, that senior citizens shall
conducted by private and government agencies subject to the meet minimum admission requirements.
guidelines to be issued within thirty (30) days from effectivity of these
Rules by the DTI, the Department of Labor and Employment (DOLE), Section 6. BENEFITS AND PRIVILEGES FOR RETIREES - To the extent
the DA, the Technical Education and Skills Development Authority practicable and feasible, the senior citizen shall be granted the
(TESDA) and the Department of Science and Technology - Technology continuance of the same benefits and privileges given by the
Resource Center (DOST-TRC). Government Service Insurance System (GSIS), Social Security System
(SSS) and PAG-IBIG, as the case may be, as are enjoyed by those in
Section 3. FREE MEDICAL AND DENTAL SERVICES IN GOVERNMENT active service.
FACILITIES - Medical and dental services, diagnostic and laboratory
tests requested by the physician such as but not limited to X-rays, Retirement benefits of retirees from both the government and the
computerized tomography scans, and blood tests availed of by senior private sector shall be regularly reviewed every year to ensure their
citizens, including professional fees of attending doctors in all continuing responsiveness and sustainability, and to the extent
government hospitals, medical facilities, outpatient clinics, and home practicable and feasible, shall be upgraded to be at par with the
health care services, shall be provided free of charge to senior current scale enjoyed by those in actual service based on National
citizens. These shall be in accordance with the rules and regulation Economic and Development Authority (NEDA) poverty threshold per
to be issued by the DOH, in coordination with the PHILHEALTH. region as determined by the National Statistical Coordination Board
(NSCB).
Section 4. FREE VACCINATION FOR INDIGENT SENIOR CITIZENS -
The DOH shall, subject to technical and operational guidelines which Section 7. PRIVILEGES ON GRANTING SPECIAL DISCOUNTS IN
it shall issue not later than thirty (30) days from effectivity of these SPECIAL PROGRAMS - To the extent possible, the government may
Rules, administer free vaccinations against the influenza virus and grant special discounts in special programs for senior citizens on
pneumococcal disease for indigent senior citizen patients. Neglected, purchase of basic necessities and prime commodities, subject to the

17 | P a g e H U M A N R I G H T S / R I G H T S O F T H E E L D E R L Y
guidelines to be issued for the purpose by the DTI and the DA within citizens centers and residential care institutions or group homes that
(30) days from effectivity of these Rules. Provided, That such special are government-run or organized and operated by non-stock, non-
programs and their guidelines shall be developed by the concerned profit domestic corporations, primarily for the purpose of promoting
department within the concerned department's jurisdiction. the well-being of abandoned, neglected, unattached or homeless
senior citizens.
Section 8. EXPRESS LANES PRIVILEGES - Accessible express lanes
for senior citizens shall be provided in all private, banking, Such senior citizens centers and residential care or group homes
commercial, and government establishments; in the absence thereof, must have been in operation for at least six (6) months and must
priority shall be given to them. have a separate meter for said utilities/services.

Article 12. UTILITY DISCOUNTS Section 3. DSWD shall issue the necessary guidelines within (30)
days from effectivity of these Rules for the accredited senior citizens
Section 1. Five (5%) Discount - The grant of a minimum of five percent centers and residential/group homes willing to avail of the utility
(5%) discount relative to the monthly utilization of water and discount.
electricity by households with senior citizens; Provided, That the
individual meters for the foregoing utilities are registered in the name The Energy Regulatory Commission (ERC), the Metropolitan
of the senior citizen residing therein: provided, further, that the Waterworks and Sewerage System (MWSS), the Local Water Utility
monthly consumption does not exceed one hundred kilowatt hours Administration (LWUA) and other concerned utility-regulatory
(100 kWh) of electricity and thirty cubic meters (30m') of water: agencies shall, within six (6) months after the effectivity of these
Provided, furthermore, that the privilege is granted per household Rules, formulate supplemental guidelines to cover recovery rate
regardless of the number of senior citizens residing therein. mechanics and/or sharing of burden, among other concern of the
distribution utilities.
To avail of the discount under this Section, the senior citizen shall:
RULE V
1. Apply for the discount personally or thru a representative. GOVERNMENT ASSISTANCE
There shall be annual renewal of application to the utility
provider. Article 13. EMPLOYMENT

2. Submit requirements. Section 1. Senior citizens, who have the capacity and desire to work,
or to be re-employed, shall be provided by the DOLE, in coordination
a. Proof of age and citizenship with other government agencies including local government units,
with information and matching services to enable them to be
b. Proof of billing. Meter registration should be in the productive members of society. Terms of employment shall conform
name of the senior citizen for a period of one year to the provisions of the Labor Code, as amended, Civil Service Laws
and other laws, rules and regulations.
c. Proof of residence
Section 2. Private entities that shall employ senior citizens as
Section 2. Fifty (50%) Discount - The grant of a 50% discount an all employees upon effectivity of the Act, shall be entitled to an
electricity, water, telephone consumption for DSWD-accredited senior additional deduction from their gross Income, equivalent to fifteen

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percent (15%) of the total amount paid as salaries and wages to e) Conduct continuing research and development program for
senior citizens subject to the provision of Section 34 of the National the necessary and relevant education of the senior citizens.
Internal Revenue Code (NIRC), as amended and the Revenue
Regulations to be issued by the BIR and approved by the DOF; Article 15. HEALTH
Provided, however, That such employment shall continue for a period
of at least six (6) months; Provided, further, That the net annual Section 1. The DOH, in coordination with local government units
income of the senior citizen does not exceed the poverty level for that (LGUs), NGOs and POs for senior citizens, shall institute a national
year as determined by NEDA thru the NSCB. health program that shall incorporate the National Prevention of
Blindness Program, and shall also provide an integrated health
Section 3. The DOLE, in coordination with other government service for senior citizens.
agencies, such as, but not limited to, the DOST-Technology Resource
Center (DOST-TRC) and the DTI, shall assess, design and implement It shall train community-based health workers including barangay
training programs that will provide free of charge to senior citizens health workers, among senior citizens and health personnel to
the appropriate skills development, livelihood training programs, and specialize in geriatric care, gerontology, and health problems of senior
welfare or livelihood support. citizens.

Article 14. EDUCATION Section 2. The National Health Program aims to promote healthy and
productive older population through the following:
The Department of Education (DepEd), the DOST-TRC, the Technical
Education and Skills Development Authority (TESDA), and the a) Establishment and provision of a comprehensive and
Commission on Higher Education (CHED), in consultation with non- integrated health service package catering to the specific
governmental (NGOs) and people's organizations (POs) for senior needs of the citizens;
citizens, shall institute a program that will ensure access of senior
citizens to formal and non-formal education. They are to: b) Human resource development/capacity building of health
personnel in relation to the care and health problems of
a) Formulate and implement relevant and effective course senior citizens;
designs and educational programs;
c) Health promotion;
b) Conduct the necessary training for the implementation of
the appropriate curriculum for the purpose; d) Conduct of researches and study in geriatric care,
gerontology, and health needs of senior citizens;
c) Ensure the availability of the needed-educational facilities
in the form of modular programs and other distance and e) In coordination with the municipal health worker, designate
alternative learning materials; one (1) barangay health worker to attend to senior citizens'
health needs;
d) In coordination with OSCA and the City or Municipal Social
Welfare and Development Officer, shall conduct assessment f) The barangay, in coordination with local office health office
and profiling of senior citizens who wanted to study; and shall designate one day of every month specifically for medical
attention of senior citizens;

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g) Establishment of senior citizens' ward in every government e) Inclusion of community-based settings as practicum for
hospital and in all levels of hospitals throughout the country; academic institutions and in the curriculum of caregiving and
and technical vocational schools.

h) Provision of accessible express lanes, or prioritization, in all Article 17. HOUSING


health facilities.
The national government shall include in its national shelter program
Section 3. Provide technical assistance in coordination with DSWD, the special housing needs of senior citizens, such as establishment of
NGOs and other concerned agencies to local government units in the housing units for the elderly.
establishment of community based health rehabilitation programs.
Section 1. The Housing and Land Use Regulatory Board (HLURB)
Article 16. SOCIAL SERVICES shall formulate housing rules on how to develop subdivision suitable
to the requirements of male and female senior citizens. The Home
The DSWD, in cooperation with the OSCA and the local government Development Mutual Fund (HDMF) shall promote the establishment
units, non-governmental organizations and people'' organizations for of elderly residence and shall review its existing circulars particularly
senior citizens, shall develop and implement programs and social the limitation of the age requirements of sixty-five (65) years old at
services for senior citizens. Local government units shall ensure that the date of the loan application and seventy (70) years old at loan
the developed programs and social services are provided. The maturity. It shall also consider the concept of pension in lieu
components of these programs are: compensation.

a) Self and social enhancement services which provide senior Section 2. The housing program for the poor senior citizens which
citizens opportunities for socializing, organizing, creative include the establishment/donation of group/foster homes for the
expression, and improvement of self; neglected, abused and unattached or homeless senior citizens and
those incapable of self-care including its management, maintenance
b) After care services for senior citizens who are discharged and operations shall be established in accordance with EO 105,
from the homes/institutions for the aged, especially those approving and directing the implementation of the program,
who have problems of reintegration with family and "Provision of Group/Foster Home for Neglected, Abandoned, Abused,
community, wherein both the senior citizens and their Unattached and Poor Older Persons and Persons with Disabilities"
families are provided with counseling; promulgated on May 16, 2002.

c) Neighborhood support services/home care wherein the Article 18. ACCESS TO PUBLIC TRANSPORT
community or family members provide caregiving services to
their frail, sick, or bedridden senior citizens; and The DOTC and its attached agencies and sectoral officers shall
improve the implementation or programs to assist senior citizens to
d) Substitute family care in the form of residential care, group fully gain access in the use of public transport facilities. The
homes, or foster homes for the abandoned, neglected, minimum requirements and standards to make transportation
unattached or homeless senior citizens and those incapable of facilities and utilities for public use accessible to senior citizens shall
self-care. be developed to enhance the mobility of senior citizens. There shall be
strict implementation of courtesy space and seats for the exclusive

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use of senior citizens in all transport system. As far as practicable, indigent senior citizens reside shall allocate the necessary funds to
PUVs shall also strive to install safe lower stepping boards. ensure the enrollment and lifetime coverage of their indigent senior
citizens, in accordance with the pertinent laws and regulations.
Article 19. INCENTIVE FOR FOSTER CARE
Section 3. SOCIAL SAFETY NETS - Social safety assistance intended
The DILG through the local government units, in consultation with to cushion the effects of economic shocks; disasters and calamities
the DOF and the BIR which shall provide the necessary guidelines, shall be available for senior citizens. The social safety assistance
shall provide incentives to persons or NGO institutions implementing which shall include, but not limited to, food, medicines, and financial
foster care programs for senior citizens, as follows: assistance for domicile repair, shall be sourced from the
disaster/calamity funds of local government units where the senior
(a) reality tax holiday for the first five (5) years starting from citizens reside, subject to the guidelines to be issued by the DSWD in
the first year of operation and/or implementation of foster coordination with DILG.
care program; and
Section 4. DEATH BENEFIT ASSISTANCE - Death benefit assistance
(b) priority in the construction, or maintenance of provincial of a minimum of Two thousand pesos (Php 2, 000.00) shall be given
or municipal roads leading to the aforesaid home, residential to the nearest surviving relative who took care of the deceased senior
community or retirement village. citizens reside, subject to the guidelines to be issued by the DSWD
and DILG.
Article 20. ADDITIONAL GOVERNMENT ASSISTANCE
In keeping with the intention of the law and similar government
Section 1. SOCIAL PENSION - Pursuant to the eligibility criteria as assistance being granted, this benefit shall apply in relation to
may be determined by the DSWD, indigent senior citizens shall be deceased indigent senior citizens only. However, it will not preclude
entitled to a monthly stipend amounting to Five hundred pesos (Php LGUs already granting burial assistance to continue giving such
500.00) to augment the daily subsistence and other medical needs of benefit to non-indigent senior citizens.
senior citizens. The grant of social pension shall be subject to a
review every two (2) years by Congress, in consultation with the RULE VI
DSWD within three months after convening the Congress. THE OFFICE FOR SENIOR CITIZENS AFFAIRS (OSCA)

The DSWD, in consultation with the Department of Budget and Article 21. Office of Senior Citizens Affairs - There shall be
Management (DBM), the DILG, the NCMB, NGOs, and people's established in all cities and municipalities an Office for Senior
organizations shall formulate guidelines within thirty (30) days from Citizens Affairs (OSCA).
effectivity of these Rules for the development of criteria, selection of,
and establishment of database for indigent senior citizens focusing Section 1. OSCA Head - The senior citizen to be appointed by the City
on targeting, delivery, monitoring and evaluation, to facilitate or Municipal Mayor as OSCA Head should have the following
implementation of this additional government assistance. qualifications:

Section 2. MANDATORY PHILHEALTH COVERAGE - All indigent a) A Filipino citizen and resident of the municipality or city for
senior citizens shall be covered by the national health insurance at least one (1) year;
program of PHILHEALTH. The local government units where the

21 | P a g e H U M A N R I G H T S / R I G H T S O F T H E E L D E R L Y
b) A registered voter of the concerned city or municipality; Section 4. Functions of OSCA. - The office for Senior Citizens Affairs
shall have the following Functions:
c) Able to read and write;
a) In consultation with the City or Municipal Social Work and
d) Must be physically and mentally capable of performing the Development Officer and duly registered senior citizen
tasks of OSCA Head; organizations, to plan, develop, implement, consolidate, and
monitor yearly work programs in pursuance of the objectives
e) A bonafide member of a duly registered senior citizens of the Act and its Rules;
organization which has a track record of at least three
consecutive years; b) To draw up a list of available and required services which
can be provided by the registered federations and associations
f) Good moral character; and of senior citizens;

g) At least a high school graduate c) To maintain and regularly update on a quarterly basis the
list of senior citizens and to issue national uniform individual
Section 2. Selection and Term of OSCA Head. - The OSCA Head shall identification cards and purchase booklets, free of charge,
be chosen from a list of three (3) nominees as recommended by a which shall be valid anywhere in the country;
general assembly of DSWD- accredited or LGU-registered senior
citizens organizations in the city or municipality. He/she shall d) To serve as a general information and liaison center the
appointed by the mayor for a term of three (3) years without needs of the senior citizens;
reappointment but without prejudice to an extension not exceeding
three (3) months, if exigency so requires. e) To monitor compliance of the provisions of the Act and its
Rules particularly the grant of special discounts and privileges
The OSCA Head shall be appointed to serve the interest of senior to senior citizens;
citizens and shall not be removed or replaced except for reasons of
death, permanent disability, or ineffective performance of his duties f) To report to the Mayor, any person, natural or judicial;
to the detriment of fellow senior citizens, as stated in a resolution establishments, business, entity, institution or agency found
issued by the general assembly. In case of death or permanent violating any provision of the Act and its Rules;
disability, the remaining term shall be served by the new reappointed
if he/she has not served one-half of the full term. g) To facilitate the creation of a city or municipality
coordinating and monitoring board consisting of OSCA Head,
Section 3. Remuneration for Services Rendered. - The head of the the City or Municipal Social Work and Development Officer
OSCA shall be entitled to received an honorarium of an amount and the presidents of concerned duly registered senior citizens
equivalent to at least Salary Grade 10 to be approved by the local organizations to deliberate and act on the complaints;
government unit concerned.
h) To assist senior citizens in filling complaints or charges
For 3rd to 6th class local government units, their respective against any person, natural or judicial; establishment,
sanggunians may provide for a reasonable and practicable institution, or agency refusing to comply with the privileges
remuneration for the OSCA Head. under the Act before the Department of Justice (DOJ), the

22 | P a g e H U M A N R I G H T S / R I G H T S O F T H E E L D E R L Y
Provincial Prosecutor's Office, the regional or the municipal c) unauthorized use of the identification card of the senior
trial court, the municipal trial court in cities, or the municipal citizen.
circuit trial court;
Section 2. A medical practitioner giving prescription to other persons
i) To assist and coordinate with the concerned person, natural in the name of the senior citizen or giving anomalous prescription.
or judicial, establishment, institution or agency in
investigating fraudulent practices and abuses of the discount Section 3. Retailers and establishments dispensing medicines:
and privileges exclusively granted to senior citizens ; and
a) refusing to grant the full 20% senior citizens discount and
j) To establish linkages and work together wit the accredited VAT exemption on drug and medicine purchases paid via
NGOs, people's organizations, and the barangays in their credit card,
respective areas.
b) making a distinction between branded and generic drugs
Section 5. Operations and Maintenance of OSCA. - The necessary and medicines in giving the 20% discount,
appropriation for the operation and maintenance of the OSCA shall
be provided by the local government units concerned. An office space c) posting notices and signages telling customers that
established at the Office of the Mayor shall likewise be provided. availment of the 20% discount is limited to cash purchases
only,
Section 6. Assistance and Supervision of OSCA. - The OSCA Head
shall be assisted by the City of the Municipal Social Welfare and d) "limiting" of discountable drug and medicine purchases to
Development Officer (C/MSWDO). The Office of the Mayor shall certain weekdays only, such that senior citizens cannot avail
exercise supervision over the OSCA relative to their plans, activities of the 20% discount on other days, and e) restricting the
and programs for senior citizens. purchase time or period for senior citizen discounts after a
certain hour.
RULE VII
PENALTIES AND OTHER SANCTIONS Article 23. Violations in Discounted Food Purchases - The following
acts concerning food purchases are considered violative of the
Article 22. Violations in Discounted Medicine Purchases - The provisions of the Act and its Rules:
following acts concerning drug and medicine purchases are
considered violative of the provisions of the Act and its Rules: a) Pegging a maximum amount of food purchase subject to
20% discount and the VAT exemption, and/ or posting of
Section 1. A senior Citizen or his /her representative or a person notice to that effect;
misusing the privileges by:
b) Refusal to grant the 20% discount and VAT exemption on
a) using several purchase booklets, take -out/ take home/ drive-thru orders it appearing that the
purchase is for the exclusive use and enjoyment of senior
b) availing of the discounts to buy medicines, drugs, medical citizens;
accessories and supplies not for the use of the senior citizen,

23 | P a g e H U M A N R I G H T S / R I G H T S O F T H E E L D E R L Y
c) Refusal to grant a 20% discount and VAT exemption on RULE VIII
delivery orders it appearing that the purchases is for the MONITORING AND COORDINATING MECHANISM
exclusive use and enjoyment of senior citizens.
Article 25. Monitoring and Coordinating Mechanism. - An inter-
Article 24. PENALTIES - Any person who refuses to honor the senior agency coordinating and monitoring mechanism at the national level
citizen card or violates any provision of the Act and its Rules shall shall be established which shall be called the National Coordinating
suffer the following penalties: and Monitoring Board (NCMB) on the Expanded Senior Citizens Act
of 2010.
Section 1. For the first violation, a fine of not less than Fifty thousand
pesos (Php 50,000.00) but not exceeding One hundred thousand Section 1. NCMB Composition. - The National Coordinating and
pesos (Php 100,000.00) and imprisonment for not less than two (2) Monitoring Board shall be composed of the following:
years but not more than six (6) years; and
a) Chairperson - Secretary of the Department of Social Welfare
Section 2. For any subsequent violation, a fine of not less than One and Development (DSWD), or authorized representatives;
hundred thousand pesos (Php 100,000.00) but not exceeding Two
hundred thousand pesos (Php 200,000.00) and imprisonment for not b) Vice-Chairperson - Secretary of the Department of the
less than two (2) years but not more than six (6) years. Interior and Local Government (DILG), or authorized
representatives;
Section 3. Any person who abuses the privileges granted herein shall
be punished with a fine of not less than fifty thousand pesos (Php c) Members: Secretaries or authorized representatives of the
50,000.00) but not more than One hundred thousand pesos (Php following:
100,000.00) and imprisonment of not less than six (6) months.
1) Department of Justice (DOJ);
Section 4. If the offender is an alien or a foreigner, he/she shall be
deported immediately after service of sentence without further 2) Department of Health (DOH);
deportation proceedings.
3) Department of Trade and Industry (DTI); and
Section 5. If the offender is a corporation, partnership, organization
or any similar entity the officials thereof directly involved such as the 4) Representatives from five (5) accredited NGOs for
president, general manager, managing partner, or such other officer senior citizens
charged with the management of the business affairs shall be liable
therefor. The National Inter-Agency Coordinating and Monitoring Board may
call on other government agencies, NGOs and people's organizations
Section 6. Upon filing of an appropriate complaint, and after due to serve as resource persons as the need arises. Resource persons
notice and hearing, the proper authorities may also cause the have no voting rights at the Board.
cancellation or revocation of the business permit, permit to operate,
franchise and other similar privileges granted to any person, Section 2. NGO/PO Representation. - The representatives from
establishment or business entity that fails to abide by the provisions accredited NGOs and people's organizations shall be senior citizens,
of the Act and these Rules. or from other sectors that have services primarily for senior citizens.

24 | P a g e H U M A N R I G H T S / R I G H T S O F T H E E L D E R L Y
These NGO representatives which shall be selected and appointed by h) To actively establish national, regional and international
the Board shall serve for a period of three (3) years. networks for resource generation and technical cooperation;
and
Section 3. Level of Representation. - The authorized representative to
the National Coordinating and Monitoring Board from the i) Prepare yearly accomplishment report for the Office of the
government agencies shall have a rank of not lower than Director President, Congress, and the concerned national government
level or its equivalent, and for the NGOs, shall have a rank not lower and local government units.
than an Executive Director.
Section 5. Coordinating and Monitoring Body at the Regional Level. -
Section 4. Functions. - The National Coordinating and Monitoring There shall be established in all regions a Regional Coordinating and
Board (NCMB) shall have the following functions: Monitoring Board (RCMB) with similar membership and functions as
the National Board. As far as practicable, similar bodies shall be
a) Formulate a National Plan of Action for Senior Citizens in established in the local government units.
coordination with concerned government agencies and other
stakeholders; Section 6. Secretariat. - The Department of Social Welfare and
Development shall serve as the Secretariat to the Board at the
b) Develop an effective monitoring and reporting system national and at the regional levels.
towards an efficient, consistent and uniform implementation
of the law; RULE IX
FINAL PROVISIONS
c) Develop and institute effective and innovative approaches
and methods with which to address emerging concerns of the Article 26. Appropriations. - The appropriation necessary to
senior citizens; implement the provisions of the Act and its Rules shall be included in
the respective budgets of the responsible national government
d) Coordinate the programs and projects of government agencies subject to availability of funds. The heads of departments
agencies with responsibilities under RA No. 9994 and these and agencies as well as local chief executives concerned shall
Rules; immediately include in their annual appropriations the funding
necessary to implement these programs and services.
e) Coordinate the conduct of nationwide information,
education campaign and other advocacy activities on RA No. Section 1. The funds to be used for the national health program and
9994; for the vaccination of indigent senior citizens in the first year of
implementation shall be added to the regular appropriations of the
f) Monitor the conduct of orientation, training and other DOH and thereafter, as a line item under the DOH budget in the
capability building programs to maximize the contributions subsequent General Appropriations Act (GAA) subject to availability
and participation of senior citizens; of funds.

g) Coordinate the conduct and evaluation of the plan of Section 2. The monthly social pension for indigent senior citizens in
action, research and documentation of good practices and the first year of implementation shall be added to the regular
disparities for policy and program development;

25 | P a g e H U M A N R I G H T S / R I G H T S O F T H E E L D E R L Y
appropriations of the DSWD and thereafter as a line item under the
DSWD budget in the subsequent GAA subject to availability of funds.

Section 3. The local government units concerned shall provide the


necessary appropriations for the operation and maintenance of the
OSCA.

Article 27. Repealing Clause. - All laws, presidential decrees,


executive orders and rules and regulations or part thereof, contrary
to, or inconsistent with the provisions of these Rules, are hereby
repealed or modified accordingly.

Article 28. Separability Clause. - Should any provision of the Rules be


found unconstitutional or invalid by a court of law, such provision
shall be served from the remainder of these Rules and such action
shall not affect the enforceability of the remaining provisions of these
Rules.

Article 29. Effectivity. - These Rules and Regulations shall take effect
fifteen (15) days after its complete publication in at least two (2)
national newspapers of general circulation, and submission to the
Office of the National Administrative Register, Law Center, University
of the Philippines.

Signed June 18, 2010 at the Department of Social Welfare and


Development, Batasan Pambansa Complex, Constitution Hills,
Quezon City.

26 | P a g e H U M A N R I G H T S / R I G H T S O F T H E E L D E R L Y
REPUBLIC ACT NO. 7876 (d) To exercise such other functions which are necessary to carry out
the purpose for which the centers are established.
AN ACT ESTABLISHING A SENIOR CITIZENS CENTER IN ALL
CITIES AND MUNICIPALITIES OF THE PHILIPPINES, AND Sec. 6. Center Workers. — The Secretary of the Department of Social
APPROPRIATING FUNDS THEREFOR. Welfare and Development (DSWD) may designate social workers from
the Department as the workers of the centers: Provided, however,
Section 1. Title. — This Act shall be known as the "Senior Citizens That the Secretary may appoint other personnel who possess the
Center Act of the Philippines." necessary professional qualifications to work efficiently with the
Sec. 2. Declaration of Policy. — It is the declared policy of the State elderly of the community.
to provide adequate social services and an improved quality of life for
all. For this purpose, the State shall adopt an integrated and
comprehensive approach towards health development giving priority The Secretary may also call upon private volunteers who are
to elderly among others.chan robles virtual law library responsible members of the community to provide medical,
Sec. 3. Definition of Terms. — (a) "Senior citizens," as used in this educational and other services and facilities for the senior
Act, shall refer to any person who is at least sixty (60) years of age. citizens.chan robles virtual law library
(b) "Center," as used in this Act, refers to the place established by
this Act with recreational, educational, health and social programs Sec. 7. Qualification/Disqualification. — A senior citizen who suffers
and facilities designed for the full enjoyment and benefit of the senior from a contagious disease, or who is mentally unfit or unsound or
citizens in the city or municipality. whose actuations are inimical to other senior citizens as determined
Sec. 4. Establishment of Centers. — There is hereby established a by the DSWD on the basis of an appropriate certification by a
senior citizens center, hereinafter referred to as the Center, in every qualified government or private volunteer physician, may be denied
city and municipality of the Philippines, under direct supervision of the benefits provided in the Center. However, the center shall refer
the Department of Social Welfare and Development, hereinafter the senior citizen concerned to the appropriate government agency for
referred to as the Department, in collaboration with the local the needed medical care or confinement.
government unit concerned. Sec. 8. Exemptions of the Center. — The Center shall be exempted
Sec. 5. Functions of the Centers. — The centers are extensions of the from the payment of customs duties, taxes and tariffs on the
fourteen (14) regional offices of the Department. They shall carry out importation of equipment and supplies used actually, directly and
the following functions: exclusively by the Center pursuant to this Act, including those
(a) Identify the needs, trainings, and opportunities of senior citizens donated to the Center.
in the cities and municipalities;chan robles virtual law library Sec. 9. Rules and Regulations. — Withinsixty (60) days from the
(b) Initiate, develop and implement productive activities and work approval of this Act, the DSWD, in coordination with other
schemes for senior citizens in order to provide income or otherwise government agencies concerned, shall issue the rules and regulations
supplement their earnings in the local community; to effectively implement the provisions of this Act. Any violation of
(c) Promote and maintain linkages with provincial government units this section shall render the concerned official(s) liable
and other instrumentalities of government and the city and under Republic Act No. 6713, otherwise known as the "Code of
municipal councils for the elderly and the Federation of Senior Conduct and Ethical Standards for Public Officials and
Citizens Association of the Philippines and other non-government Employees"and other existing administrative and/or criminal laws.
organizations for the delivery of health care services, facilities, Sec. 10. Coordination of Government Agencies. — The DSWD, in
professional advice services, volunteer training and community self- coordination with the Department of Health and other government
help projects; and agencies and local government units, shall assist in the effective

27 | P a g e H U M A N R I G H T S / R I G H T S O F T H E E L D E R L Y
implementation of this Act and provide the necessary support
services.
Sec. 11. 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.
The sum necessary for the continuous operation of the centers shall
be subsidized in part by the DSWD and in part by the local
government units concerned.
Sec. 12. Repealing or Amending Clause. — All laws, decrees,
executive orders, and rules and regulations, which are not consistent
with this Act, are hereby modified, amended or repealed
accordingly.chan robles virtual law library
Sec. 13. This Act shall take effect fifteen (15) days after its
publication in two (2) newspapers of general circulation.

28 | P a g e H U M A N R I G H T S / R I G H T S O F T H E E L D E R L Y
Republic Act No. 9257 February 26, 2004 (c) To give full support to the improvement of the total well-being of
the elderly and their full participation in society considering that
AN ACT GRANTING ADDITIONAL BENEFITS AND PRIVILEGES TO senior citizens are integral part of Philippine society;
SENIOR CITIZENS AMENDING FOR THE PURPOSE REPUBLIC
ACT NO. 7432, OTHERWISE KNOWN AS "AN ACT TO MAXIMIZE (d) To recognize the rights of senior citizens to take their proper place
THE CONTRIBUTION OF SENIOR CITIZENS TO NATION in society. This must be the concern of the family, community, and
BUILDING, GRANT BENEFITS AND SPECIAL PRIVILEGES AND government;
FOR OTHER PURPOSES"
(e) To provide a comprehensive health care and rehabilitation system
Be it enacted by the Senate and House of Representatives of the for disabled senior citizens to foster their capacity to attain a more
Philippines in Congress assembled: meaningful and productive ageing; and

SECTION 1. This Act shall be known as the "Expanded Senior (f) To recognize the important role of the private sector in the
Citizens Act of 2003." improvement of the welfare of senior citizens and to actively seek
their partnership.
SECTION 2. Republic Act. No. 7432 is hereby amended to read as
follows: In accordance with these policies, this Act aims to:

"SECTION 1. Declaration of Policies and Objectives. – Pursuant to (1) establish mechanism whereby the contribution of the senior
Article XV, Section 4 of the Constitution, it is the duty of the family to citizens are maximized;
take care of its elderly members while the State may design programs
of social security for them. In addition to this, Section 10 in the (2) adopt measures whereby our senior citizens are assisted and
Declaration of Principles and State Policies provides: "The State shall appreciated by the community as a whole;
provide social justice in all phases of national development." Further,
Article XIII, Section 11 provides: " The State shall adopt an integrated (3) establish a program beneficial to the senior citizens, their families
and comprehensive approach to health and other social services and the rest of the community that they serve; and
available to all the people at affordable cost. There shall be priority
for the needs of the underpriviledged, sick, elderly, disabled, women (4) establish community-based health and rehabilitation programs in
and children." Consonant with these constitution principles the every political unit of society."
following are the declared policies of this Act:
"SEC. 2. Definition of Terms. – For purposes of this Act, these terms
(a) To motivate and encourage the senior citizens to contribute to are defined as follows:
nation building;
(a) "Senior citizen" or "elderly" shall mean any resident citizen of the
(b) To encourage their families and the communities they live with to Philippines at least sixty (60) years old;
reaffirm the valued Filipino tradition of caring for the senior citizens;
(b) "Benefactor" shall mean any person whether related to the senior
citizens or not who takes care of him/her as a dependent;

29 | P a g e H U M A N R I G H T S / R I G H T S O F T H E E L D E R L Y
(c) "Head of the family" shall mean any person so defined in the senior citizens, including funeral and burial services for the death of
National Internal Revenue Code, as amended; and senior citizens;

(d) "Geriatrics" shall refer to the branch of medical science devoted to (b) a minimum of twenty percent (20%) discount on admission fees
the study of the biological and physical changes and the diseases of charged by theaters, cinema houses and concert halls, circuses,
old age." carnivals, and other similar places of culture, leisure and amusement
for the exclusive use or enjoyment of senior citizens;
"SEC. 3. Contribution to the Community. – Any qualified senior citizen
as determined by the Office for Senior Citizens Affairs (OSCA) may (c. exemption from the payment of individual income taxes: Provided,
render his/her services to the community which shall consist of, but That their annual taxable income does not exceed the poverty level as
not limited to, any of the following: determined by the National Economic and Development Authority
(NEDA) for that year;
(a) Tutorial and/or consultancy services;
(d) exemption from training fees for socioeconomic programs;
(b) Actual teaching and demonstration of hobbies and income
generating skills; (e) free medical and dental service, diagnostic and laboratory fees
such as, but not limited to, x-rays, computerized tomography scans
(c) Lectures on specialized fields like agriculture, health, environment and blood tests, in all government facilities, subject to the guidelines
protection and the like; to be issued by the Department of Health in coordination with the
Philippine Health Insurance Corporation (PHILHEALTH);
(d) The transfer of new skills acquired by virtue of their training
mentioned in Section 4, paragraph (d); and (f) the grant of twenty percent (20%) discount on medical and dental
services, and diagnostic and laboratory fees provided under Section 4
(e) Undertaking other appropriate services as determined by the (e) hereof, including professional fees of attending doctors in all
Office for Senior Citizens Affairs (OSCA) such as school traffic guide, private hospitals and medical facilities, in accordance with the rules
tourist aide, pre-school assistant, etc. and regulations to be issued by the Department of Health, in
coordination with the Philippine Health Insurance Corporation;
In consideration of the services rendered by the qualified elderly, the
Office for Senior Citizens Affairs (OSCA) may award or grant benefits (g) the grant of twenty percent (20%) discount in fare for domestic air
or privileges to the elderly, in addition to the other privileges provided and sea travel for the exclusive use or enjoyment of senior citizens;
for under this Act."
(h) the grant of twenty percent (20%) discount in public railways,
"SEC. 4. Privileges for the Senior Citizens. – The senior citizens shall skyways and bus fare for the exclusive use and enjoyment of senior
be entitled to the following: citizens;

(a) the grant of twenty percent (20%) discount from all establishments (i) educational assistance to senior citizens to pursue post secondary,
relative to the utilization of services in hotels and similar lodging tertiary, post tertiary, as well as vocational or technical education in
establishment, restaurants and recreation centers, and purchase of both public and private schools through provision of scholarship,
medicines in all establishments for the exclusive use or enjoyment of grants, financial aid subsidies and other incentives to qualified senior

30 | P a g e H U M A N R I G H T S / R I G H T S O F T H E E L D E R L Y
citizens, including support for books, learning materials, and uniform The establishment may claim the discounts granted under (a), (f), (g)
allowance, to the extent feasible: Provided, That senior citizens shall and (h) as tax deduction based on the net cost of the goods sold or
meet minimum admission requirement; services rendered: Provided That the cost of the discount shall be
allowed as deduction from gross income for the same taxable year
(j) to the extent practicable and feasible, the continuance of the same that the discount is granted. Provided, further, That the total amount
benefits and privileges given by the Government Service Insurance of the claimed tax deduction net of value added tax if applicable,
System (GSIS), Social Security System (SSS) and PAG-IBIG, as the shall be included in their gross sales receipts for tax purposes and
case may be, as are enjoyed by those in actual service. shall be subject to proper documentation and to the provisions of the
National Internal Revenue Code, as amended."
(k) retirement benefits of retirees from both the government and
private sector shall be regularly reviewed to ensure their continuing "SEC. 5. Government Assistance. – The Government shall provided
responsiveness and sustainability, and to the extent practicable and the following:
feasible, shall be upgraded to be at par with the current scale enjoyed
by those in actual service. (a) Employment

(l) to the extent possible, the government may grant special discounts Senior citizens who have the capacity and desire to work, or be re-
in special programs for senior citizens on purchase of basic employed, shall be provided information and matching services to
commodities, subject to the guidelines to be issued for the purpose enable them to be productive members of society. Terms of
by the Department of Trade and Industry (DTI) and the Department employments shall conform with the provisions of the labor code, as
of Agriculture (DA); and amended, and other laws, rules and regulations.

(m) provision of express lanes for senior citizens in all commercial Private entities that will employ senior citizens as employees upon
and government establishments; in the absence thereof, priority shall effectivity of this Act, shall be entitled to an additional deduction from
be given to them. their gross income, equivalent to fifteen percent (15%) of the total
amount paid as salaries and wages to senior citizens subject to the
In the availment of the privileges mentioned above, the senior citizen provision of Section 34 of the National Internal Revenue Code, as
or elderly person may submit as proof of his/her entitlement thereto
any of the following: amended: Provided, however, That such employment shall continue
for a period of at least six (6) months: Provider, further, that the
(a) an ID issued by the city or municipal mayor or of the barangay annual income of a senior citizen does not exceed he poverty level as
captain of the place where the senior citizen or the elderly resides; determined by the National Economic and Development Authority
(NEDA) for that year.
(b) the passport of the elderly person or senior citizen concerned; and
The Department of Labor and Employment (DOLE), in coordination
(c) other documents that establish that the senior citizen or elderly with other government agencies such as, but not limited to, the
person is a citizen of the Republic and is at least sixty (60) years of Technology and Livelihood Resource Center (TLRC) and the
age. Department and Trade and Industry (DTI), shall assess, design and
implement training programs that will provide skills and welfare or
livelihood support for senior citizens.

31 | P a g e H U M A N R I G H T S / R I G H T S O F T H E E L D E R L Y
(b) Education (3)"neighborhood support services: wherein the community/family
members provide care giving services to their frail, sick, or bedridden
The Department of Education (DepEd), Technical Education and Skill senior citizens; and
Development Authority (TESDA) and the Commission and Higher
Education (CHED), in consultation of non-government organizations (4) "substitute family care" in the form of residential care/group
(NGOs) and people's organizations (Pos) for senior citizen, shall homes for
institute a program that will ensure access to formal and non-formal
education. the abandoned, neglected, unattached or homeless senior citizens
and those incapable of self-care.
(c ) Health
The grant of at least fifty percent (50%) discount for the consumption
The Department of Health (DOH), in coordination with local of electricity, water and telephone by the senior citizens center and
government units (LGUs), non-government organizations (NGOs) and residential care/group homes that are non-stock, non-profit domestic
people's organizations (Pos) for senior citizens, shall institute a corporation organized and operated exclusively for the purpose of
national health program and shall provide an integrated health promoting of well-being of abandoned, neglected, unattached, or
service for senior citizens. It shall train community-based health homeless senior citizens.
workers among senior citizens and health personnel to specialize in
the geriatric care health problems of senior citizens. (e) Housing

(d) Social Services The national government shall include in its national shelter program
the special housing needs of senior citizens, such as establishment of
The Department of Social Welfare and Development (DSWD), in housing units for the elderly;
cooperation with the Office for Senior Citizen affairs (OSCA) and the
local government units, non-government organizations and peoples (f) Access to Public Transport
organizations for senior citizens, shall develop and implement
programs on social services for senior citizens, the components of The Department of Transportation and Communication (DOTC) shall
which are: develop a program to assist senior citizens to fully gain access in the
use of public transport facilities.
(1) "self and social enhancement services" which provide senior
citizens opportunities for socializing, organizing, creative expression, Further, the government shall provide the following assistance to
and improvement of self; those caring for and living with the senior citizens:

(2)" after care and follow-up services" which provide senior citizen (a)The senior citizen shall be treated as dependents provided for in
who are discharged from the home/institutions for the aged, the National Inter Revenue Code, as amended, and as such,
especially those who have problems of reintegration with family and individual taxpayers caring for them, be they relatives or not shall be
community, wherein both the senior citizens and their families are accorded the privileges granted by the Code insofar as having
provided with counseling; dependents are concerned.

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(b)Individuals or non-government institutions establishing homes, (d) To service as a general information and liaison center to serve the
residential communities or retirement villages solely for the senior needs of the senior citizens;
citizens shall be accorded the following:
(e) To monitor compliance of the provisions of this Act particularly the
(1) realty tax holiday for the first five (5) years starting from the first grant of special discounts and privileges to senior citizens;
year of operation;
(f) To report to the mayor, establishment found violating any
(2) priority in the building and/or maintenance of the provincial or provision of this Act; and
municipal roads leading to the aforesaid home, residential
community or retirement village." (g) To assist the senior citizens in filing complaints or charges against
any establishment, institution, or agency refusing to comply with the
"SEC. 6. The Office for Senior Citizens Affairs (OSCA). – There shall be privileges under this Act before the Department of Justice or the
established in all cities and municipalities an OSCA to be headed by provincial, city or municipal trial court."
a senior citizen who shall be appointed by the mayor for
"SEC. 7. Municipal/ City Responsibility. – It shall be the responsibility
a term of three (3) years without reappointment from a list of three (3) of the municipal/city through the mayor to require all establishment
nominees of the sangguniang panlungsod or the sangguniang bayan. covered by this Act to prominently display posters, stickers, and
The head of the OSCA shall be assisted by the City Social Welfare other notices that will generate public awareness of the right and
and Development Officer or the municipal social welfare and privileges of senior citizens and to ensure that the provisions of this
development officer, in coordination with the Social Welfare and Act are implemented to its fullest."
Development Office.
"SEC. 8. Partnership of the National and Local Government Units. –
The Office of the Mayor shall exercise supervision over the OSCA The national government and local government units shall explore
relative to their plans, activities and programs for senior citizens. The livelihood opportunities and other undertaking to enhance the well-
OSCA shall work together and establish linkages with accredited being of senior citizens. The shall encourage the establishment of
NGOs, Pos, and the barangays in their respective areas. grassroots organizations for the elderly in their respective territorial
jurisdictions."
The office for senior citizens affairs shall have the following functions:
"SEC. 9 Support for Non-Governmental Organizations (NGOs). – Non-
(a) To plan, implement and monitor yearly work programs in governmental organizations or private volunteer organizations
pursuance of the objectives of this Act; dedicated to the promotions, enhancement and support of the welfare
of senior citizens are hereby encouraged to become partners of
(b) To draw up a list of available and required services which can government in the implementation of program and projects for the
provided by the senior citizens; elderly.

(c) To maintain and regularly update on a quarterly basis the list of According, the government shall recognize the vital role of NGOs in
senior citizens and to issue nationally uniform individual complementing the government in the delivery of services to senior
identification cards, free of charge, which be valid anywhere in the citizens. It shall likewise encourage NGOs for the senior citizens to
country; develop innovative service models and pilots projects and to assist in

33 | P a g e H U M A N R I G H T S / R I G H T S O F T H E E L D E R L Y
the duplication of successful examples of these models elsewhere in Government (DILG), and five (5) accredited NGOs representing but
the country. not limited to, women, urban poor, rural poor, and the veterans."

"SEC. 10. Penalties. – Any person who violates any provision of this "SEC. 12. Implementing Rules and Regulations. – The Secretary of
Act shall suffer the following penalties: Social Welfare and Development, within sixty (60) days from the
approval of this Act, shall promulgate the implementing, rules and
(1) For the first violation, a fine of not less than Fifty thousand pesos regulations for the effective implementation of the provisions of this
(P50,000.00) but not exceeding One hundred thousand pesos Act. In consultation and coordination with the following agencies and
(P100,000.00) and imprisonment of not less than six (6) months but offices:
not more than two (2) years; and
(a) Department of Health;
(2) For any subsequent violation, a fine of not less than One hundred
thousand pesos (P100,000.00) but exceeding Two hundred thousand (b) Department of Labor and Employment;
pesos (P200,000.00) and imprisonment for not less than two (2) years
but not less than six (6) years. (c) Department of Education;

Any person who abuses the privileges granted herein shall be (d) Depart of Transportation and Communications;
punished with a fine of not less than Five thousand pesos (P5,000.00)
but not more than Fifty thousand pesos (P50,000.00), and (e) Department of Justice;
imprisonment of not less than six (6) months.
(f) Department of Interior and Local Government;
If the offender is a corporation, organization or any similar entity, the
official thereof directly involved shall be liable therefore. (g) Department of Trade and Industry;

If the offender is an alien or a foreigner, he shall be deported (h) Department of Finance;


immediately after service of sentence without further deportation
proceedings. (i) Commission of Higher Education;

Upon filling an appropriate complaint, and after due notice and (j) Technical Education and Skills Development Authority;
hearing, the proper authorities may also cause the cancellation or
revocation of the business permit, permit to operate, franchise and (k) National Economic and Development Authority;
other similar privileges granted to any business entity that fails to
abide by the provisions of this Act." (l) Housing and Urban Development Coordinating Council; and

"SEC. 11. Monitoring and Coordinating Mechanism. – A monitoring (m) Five (5) non-governmental organizations of people's organizations
and coordinating mechanism shall be established to be chaired by for the senior citizens duly accredited by the DSWD."
the DSWD, with the assistance of the Department of Justice (DOJ),
Department of Health (DOH), Department of the Interior and Local SEC. 13. Appropriation. – The necessary appropriation for the
operation and maintenance of the OSCA shall be appropriated and

34 | P a g e H U M A N R I G H T S / R I G H T S O F T H E E L D E R L Y
approved by the local government units concerned. The amount
necessary to carry out the provisions of this Act upon its effectivity
shall be charged out of the funds of the Office of the President.
Thereafter, any such sum as shall be needed for the regular
implementation of this Act shall be included in subsequent General
Appropriations Act following its enactment into law."

SECTION 3. All laws, presidential decrees, executive orders and rules


and regulations or part thereof, contrary to, or inconsistent with the
provisions of this Act, are hereby repealed or modified accordingly.

SECTION 4. Should any provision of this Act be found


unconstitutional by a court of law, such provision shall be severed
from the remainder of this Act, and such action shall not affect the
enforceability of the remaining provisions of this Act.

SECTION 5. This Act shall take effect fifteen (15) days after its
complete publication in any two (2) national newspapers of general
circulation.

35 | P a g e H U M A N R I G H T S / R I G H T S O F T H E E L D E R L Y
REPUBLIC ACT NO. 10645 Approved,

AN ACT PROVIDING FOR THE MANDATORY PHILHEALTH (Sgd.) FELICIANO (Sgd.) FRANKLIN M. DRILON
COVERAGE FOR ALL SENIOR CITIZENS, AMENDING FOR THE BELMONTE JR. President of the Senate
PURPOSE REPUBLIC ACT NO. 7432, AS AMENDED BY REPUBLIC Speaker of the House
ACT NO. 9994, OTHERWISE KNOWN AS THE "EXPANDED House of Representatives
SENIOR CITIZENS ACT OF 2010"
This Act which is a consolidation of Senate Bill No. 712 and House
Be it enacted by the Senate and House of Representatives of the Bill No. 4593 was finally passed by the Senate and the House of
Philippines in Congress assembled: Representatives on September 22, 2014 and September 24, 2014,
respectively.
Section 1. Section 5, sub-paragraph h(2) of Republic Act No. 7432,
as amended, is hereby further amended to read as follows:
(Sgd.) MARILYN B. BARUA- (Sgd.) OSCAR G. YABES
"SEC. 5. Government Assistance. – The government shall provide the YAP Secretary of the Senate
following: Secretary General
House of Representatives
"x x x
Approved: NOV 05 2014
"(h) Additional Government Assistance
(Sgd.) BENIGNO S. AQUINO III
"(1) xxx President of the Philippines

"(2) Mandatory PhilHealth Coverage

"All senior citizens shall be covered by the national health insurance


program of PhilHealth. Funds necessary to ensure the enrollment of
all senior citizens not currently covered by any existing category shall
be sourced from the National Health Insurance Fund of PhilHealth
from proceeds of Republic Act No. 10351, in accordance with the
pertinent laws and regulations.

"(3) x x x."

Section 2. Repealing Clause. – All laws, decrees, executive orders,


rules and regulations, or parts thereof which are inconsistent with
this Act are hereby repealed, amended or modified
accordingly.1âwphi1

Section 3. 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.

36 | P a g e H U M A N R I G H T S / R I G H T S O F T H E E L D E R L Y

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