Professional Documents
Culture Documents
Senior Citizens Law
Senior Citizens Law
Senior Citizens Law
“(f) Nearest surviving relative refers to the legal “(4) on medical and dental services, diagnostic and
spouse who survives the deceased senior citizen: laboratory fees in all private hospitals, medical
Provided, That where no spouse survives the facilities, outpatient clinics, and home health care
decedent, this shall be limited to relatives in the services, in accordance with the rules and
following order of degree of kinship: children, regulations to be issued by the DOH, in
parents, siblings, grandparents, grandchildren, coordination with the Philippine Health Insurance
uncles and aunts; Corporation (PhilHealth);
“(g) Home health care service refers to health or “(5) in actual fare for land transportation travel in
supportive care provided to the senior citizen public utility buses (PUBs), public utility jeepneys
patient at home by licensed health care (PUJs), taxis, Asian utility vehicles (AUVs), shuttle
professionals to include, but not limited to, services and public railways, including Light Rail
physicians, nurses, midwives, physical therapist Transit (LRT), Mass Rail Transit (MRT), and
and caregivers; and Philippine National Railways (PNR);
“(h) Indigent senior citizen, refers to any elderly “(6) in actual transportation fare for domestic air
who is frail, sickly or with disability, and without transport services and sea shipping vessels and the
pension or permanent source of income, like, based on the actual fare and advanced
compensation or financial assistance from his/her booking;
relatives to support his/her basic needs, as
determined by the Department of Social Welfare “(7) on the utilization of services in hotels and
and development (DSWD) in consultation with the similar lodging establishments, restaurants and
National Coordinating and Monitoring Board.” recreation centers;
Sec. 4 Section 4 of Republic Act No. 7432, as “(8) on admission fees charged by theaters, cinema
amended by Republic Act No. 9257, otherwise houses and concert halls, circuses, leisure and
known as the “Expanded Senior Citizens Act of amusement; and
2003”, is hereby further amended to read as
follows: “(9) on funeral and burial services for the death of
senior citizens;
“SEC. 4. Privileges for the Senior Citizens. –
“(b) exemption from the payment of individual
The senior citizens shall be entitled to the income taxes of senior citizens who are considered
following: to be minimum wage earners in accordance with
Republic Act No. 9504;
“(a) the grant of twenty percent (20%) discount
and exemption from the value -added tax (VAT), if “(c) the grant of a minimum of five percent (5%)
applicable, on the sale of the following goods and discount relative to the monthly utilization of
services from all establishments, for the exclusive water and electricity supplied by the public
use and enjoyment or availment of the senior utilities: Provided, That the individual meters for
citizen the foregoing utilities are registered in the name of
the senior citizen residing therein: Provided,
“(1) on the purchase of medicines, including the further, That the monthly consumption does not
purchase of influenza and pnuemococcal vaccines, exceed one hundred kilowatt hours (100 kWh) of
and such other essential medical supplies, electricity and thirty cubic meters (30 m3) of
accessories and equipment to be determined by the water: Provided, furthermore, That the privilege is
Department of Health (DOH). granted per household regardless of the number of
senior citizens residing therein;
“The DOH shall establish guidelines and
mechanism of compulsory rebates in the sharing of “(d) exemption from training fees for
burden of discounts among retailers, socioeconomic programs;
manufacturers and distributors, taking into
consideration their respective margins; “(e) free medical and dental services, diagnostic
and laboratory fees such as, but not limited to, x-
“(2) on the professional fees of attending rays, computerized tomography scans and blood
physician/s in all private hospitals, medical tests, in all government facilities, subject to the
facilities, outpatient clinics and home health care guidelines to be issued by the DOH in coordination
services; with the PhilHealth;
“(3) on the professional fees of licensed “(f) the DOH shall administer free vaccination
professional health providing home health care against the influenza virus and pneumococcal
services as endorsed by private hospitals or disease for indigent senior citizen patients;
“(g) educational assistance to senior citizens to “In the purchase of goods and services which are on
pursue pot secondary, tertiary, post tertiary, promotional discount, the senior citizen can avail
vocational and technical education, as well as of the promotional discount or the discount
short-term courses for retooling in both public and provided herein, whichever is higher.cralaw
private schools through provision of scholarships,
grants, financial aids, subsides and other incentives “The establishment may claim the discounts
to qualified senior citizens, including support for granted under subsections (a) and (c) of this
books, learning materials, and uniform allowances, section as tax deduction based on the cost of the
to the extent feasible: Provided, That senior goods sold or services rendered: Provided, That the
citizens shall meet minimum admission cost of the discount shall be allowed as deduction
requirements; from gross income for the same taxable year that
the discount is granted: Provided, further, That the
“(h) to the extent practicable and feasible, the total amount of the claimed tax deduction net of
continuance of the same benefits and privileges VAT, if applicable, shall be included in their gross
given by the Government Service Insurance System sales receipts for tax purposes and shall be subject
(GSIS), the Social Security System (SSS) and the to proper documentation and to the provisions of
PAG-IBIG, as the case may be, as are enjoyed by the National Internal Revenue Code (NICR), as
those in actual service; amended.”
“(i) retirement benefits of retirees from both the Sec. 5. Section 5 of the same Act, as amended, is
government and the private sector shall be hereby further amended to read as follows:
regularly reviewed to ensure their continuing
responsiveness and sustainability, and to the “SEC. 5. Government Assistance. – The government
extent practicable and feasible, shall be upgraded shall provide the following:
to be at par with the current scale enjoyed by those
in actual service; “(a) Employment
“(j) to the extent possible, the government may “Senior citizens who have the capacity and desire
grant special discounts in special programs for to work, or be re-employed, shall be provided
senior citizens on purchase of basic commodities, information and matching services to enable them
subject to the guidelines to be issued for the to be productive members of society. Terms of
purpose by the Department of Trade and Industry employment shall conform with the provisions of
(DTI) and the Department of Agriculture (DA); the Labor Code, as amended, and other laws, rules
and regulations.
“(k) provision of express lanes for senior citizens in
all commercial and government establishments; in “Private entities that will employ senior citizens as
the absence thereof, priority shall be given to them; employees, upon the effectivity of this Act, shall be
and entitled to an additional deduction from their gross
income, equivalent to fifteen percent (15%) of the
“(l) death benefit assistance of a minimum of Two total amount paid as salaries and wages to senior
thousand pesos (Php2, 000.00) shall be given to the citizens, subject to the provision of Section 34 of
nearest surviving relative of a deceased senior the NIRC, as amended: Provided, however, That
citizen which amount shall be subject to such employment shall continue for a period of at
adjustments due to inflation in accordance with the least six (6) months: Provided, further, That the
guidelines to be issued by the DSWD.cralaw annual income of the senior citizen does not exceed
the latest poverty threshold as determined by the
“In the availment of the privileges mentioned National Statistical Coordination Board (NSCB) of
above, the senior citizen, or his/her duly the National Economic and Development Authority
authorized representative, may submit as proof of (NEDA) for that year.
his/her entitled thereto any of the following:
“The Department of Labor and Employment
“(1) an identification card issued by the Office of (DOLE), in coordination with other government
the Senior Citizen Affairs (OSCA) of the place where agencies such as, but not limited to, the Technology
the senior citizen resides: Provided, That the and Livelihood Resource Center (TLRC) and the
identification card issued by the particular OSCA Department of Trade and Industry (DTI), shall
shall be honored nationwide; assess, design and implement training programs
that will provide skills and welfare or livelihood
“(2) the passport of the senior citizen concerned; support for senior citizens.
and
“(b) Education
“(3) other documents that establish that the senior
citizen is a citizen of the Republic and is at least “The Department of Education (DepED), the
sixty (60) years of age as further provided in the Technical Education and Skills Development
implementing rules and regulations. Authority (TESDA) and the Commission on Higher
Education (CHED), in consultation with
nongovernmental organizations (NGOs) and neglected, unattached or homeless senior citizens
people’s organizations (POs) for senior citizens, and those incapable of self-care.
shall institute programs that will ensure access to
formal and nonformal education. “(e) Housing
“At least fifty percent (50%) discount shall be “(h) Additional Government Assistance
granted on the consumption of electricity, water,
and telephone by the senior citizens center and “(1) Social Pension
residential care/group homes that are
government-run or non-stock, non-profit domestic “Indigent senior citizens shall be entitled to a
corporation organized and operated primarily for monthly stipend amounting to Five hundred pesos
the purpose of promoting the well-being of (Php500.00) to augment the daily subsistence and
abandoned, neglected, unattached, or homeless other medical needs of senior citizens, subject to a
senior citizens, subject to the guidelines review every two (2) years by Congress, in
formulated by the DSWD. consultation with the DSWD.
“(1) “self and social enhancement services” which “(2) Mandatory PhilHealth Coverage
provide senior citizens opportunities for
socializing, organizing, creative expression, and “All indigent senior citizens shall be covered by the
self-improvement; national health insurance program of PhilHealth.
The LGUs where the indigent senior citizens
“(2) “after care and follow-up services” for citizens resides shall allocate the necessary funds to ensure
who are discharged from the homes or institutions the enrollment of their indigent senior citizens in
for the aged, especially those who have problems of accordance with the pertinent laws and
reintegration with family and community, wherein regulations.
both the senior citizens and their families are
provided with counseling; “(3) Social Safety Nets
“(3) “neighborhood support services” wherein the “Social safety assistance intended to cushion the
community or family members provide caregiving effects of economics shocks, disasters and
services to their frail, sick, or bedridden senior calamities shall be available for senior citizens. The
citizens; and social safety assistance which shall include, but not
limited to, food, medicines, and financial assistance
“(4) “substitute family care ” in the form of for domicile repair, shall be sourced from the
residential care or group homes for the abandoned, disaster/calamity funds of LGUs where the senior
citizens reside, subject to the guidelimes to be agency found violating any provision of this Act;
issued by the DSWD.” and
Sec. 6. Section 6 of the same Act, as amended, is “(g) To assist the senior citizens in filing complaints
heeby further amended to read as follows: or charges against any individual, establishments,
business entity, institution, or agency refusing to
SEC. 6. The Office for Senior Citizens Affairs comply with the privileges under this Act before
(OSCA). – There shall be established in all cities and the Department of Justice (DOJ), the Provincial
municipalities an OSCA to be headed by a senior Prosecutor’s Office, the regional or the municipal
citizen who shall be appointed by the mayor for a trial court, the municipal trial court in cities, or the
term of three (3) years without reappointment but municipal circuit trial court.”
without prejudice to an extension if exigency so
requires. Said appointee shall be chosen from a list Sec. 7. Section 10 of the same Act, as amended, is
of three (3) nominees as recommended by a hereby further amended to read as follows:
general assembly of senior citizens organizations
in the city or municipality. “SEC. 10. Penalties. – Any person who refuses to
honor the senior citizen card issued by this the
“The head of the OSCA shall be appointed to serve government or violates any provision of this Act
the interest of senior citizens and shall not be shall suffer the following penalties:
removed or replaced except for reasons of death
permanent disability or ineffective performance of “(a) For the first violation, imprisonment of not less
his duties to the detriment of fellow senior citizens. than two (2) years but not more than six (6) years
and a fine of not less than Fifty thousand pesos
“The head of the OSCA shall be entitled to receive (Php50,000.00) but not exceeding One hundred
an honorarium of an amount at least equivalent to thousand pesos (Php100,000.00);
Salary Grade 10 to be approved by the LGU
concerned. “(b) For any subsequent violation, imprisonment of
not less than two (2) years but not more than six
“The head of the OSCA shall be assisted by the City (6) years and a fine of not less than One Hundred
Social Welfare and Development officer or by the thousand pesos (Php100,000.00) but not
Municipal Social Welfare and Development Officer, exceeding Two hundred thousand pesos
in coordination with the Social Welfare and (Php200,000.00); and
Development Office.
“(c) Any person who abuses the privileges granted
“The Office of the Mayor shall exercise supervision herein shall be punished with imprisonment of not
over the OSCA relative to their plans, activities and less than six (6) months and a fine of not less than
programs for senior citizens. The OSCA shall work Fifty thousand pesos (Php50,000.00) but not more
together and establish linkages with accredited than One hundred thousand pesos
NGOs Pos and the barangays in their respective (Php100,000.00).
areas.
“If the offender is a corporation, partnership,
“The OSCA shall have the following functions: organization or any similar entity, the officials
thereof directly involved such as the president,
“(a) To plan, implement and monitor yearly work general manager, managing partner, or such other
programs in pursuance of the objectives of this Act; officer charged with the management of the
business affairs shall be liable therefor.
“(b) To draw up a list of available and required
services which can be provided by the senior “If the offender is an alien or a foreigner, he/she
citizens; shall be deported immediately after service of
sentence.
“(c) To maintain and regularly update on a
quarterly basis the list of senior citizens and to “Upon filing of an appropriate complaint, and after
issue national individual identification cards, free due notice and hearing, the proper authorities may
of charge, which shall be valid anywhere in the also cause the cancellation or revocation of the
country; business permit, permit to operate, franchise and
other similar privileges granted to any person,
“(d) To serve as a general information and liason establishment or business entity that fails to abide
center for senior citizens; by the provisions of this Act.”
“(e) To monitor compliance of the provisions of this Sec. 8. Section 11 of the same Act, as amended, is
Act particularly the grant of special discounts and hereby further amended to read as follows:
privileges to senior citizens;
“SEC. 11. Monitoring and Coordinating Mechanism.
“(f) To report to the mayor, any individual, – A National Coordinating and Monitoring Board
establishments, business entity, institutions or
shall be established which shall be composed of the added to the regular appropriations of the DSWD
following: budget in the subsequent GAA.
“(a) Chairperson – the Secretary of the DSWD or an Sec. 11. Repealing Clause. – All law, executive
authorized representative; orders, rules and regulations or any part hereof
inconsistent herewith are deemed repealed or
“(b) Vice Chairperson – the Secretary of the modified accordingly.
Department of the Interior and Local Government
(DILG) or an authorized representative; and Sec. 12. Separability Clause. – If any part or
provision of this Act shall be declared
“(c) Members: unconstitutional and invalid, such 18 declaration
shall not invalidate other parts thereof which shall
“(1) the Secretary of the DOJ or an authorized remain in full force and effect.
representative;
Sec. 13. Effectivity. – This Act shall take effect
“(2) the Secretary of the DOH or an authorized fifteen (15) days its complete publication n the
representative; Official Gazette or in at least two (2) newspapers of
general circulation, whichever comes earlier
“(3) the Secretary of the DTI or an authorized
representative; and
Electric Cooperative. Organized for the primary In terms of territory, cooperatives shall be
purposed of undertaking power generations, categorized according to areas of operations
utilizing renewable energy sources, including which may or may not coincide with the political
hybrid systems, acquisition and operation of subdivisions of the country.
subtransmission or distribution to its household
members. Capital. The minimum paid-up share capital is
now PhP15,000 (the minimum under the old
Financial Service Cooperative. One organized law is only PhP2,000), subject to increase by
for the primary purpose of engaging in savings the CDA upon consultation with the
and credit services and other financial cooperative sector and the NEDA.
services.
The par value of shares of a primary
Fishermen Cooperative. Organized by cooperative shall not exceed PhP1,000.
marginalized fishermen in localities whose
products are marketed either as fresh or No member of primary cooperative other than
processed products; cooperative itself shall own or hold more than
10% of the share capital of the cooperative.
Health Services Cooperative. Organized for
the primary purpose of providing medical, Membership. New members may only be
dental and other health services. admitted to the cooperative after undergoing
Pre-Membership Education Seminar. There
Housing Cooperative. Organized to assist or are two kinds of members:
provide access to housing for the benefit of its
regular members who actively participate in the 1. Regular members. Entitled to all the rights
savings program for housing. It is co-owned and privileges of membership, including the
and controlled by its members. right to vote and be voted upon.
Insurance Cooperative. Engaged in the 2. Associate members. Has no right to vote nor
business of insuring life and poverty of be voted upon and shall be entitled only to such
cooperatives and their members. rights and privileges as the bylaws may
provide. However, an associate member shall
Transport Cooperative. Includes land and sea be considered a regular member if: (a) he has
transportation, limited to small vessels, as been a member for 2 continuous years; (b) he
defined or classified under the Philippine patronizes the cooperative as its member; and
maritime laws, organized under the provisions (c) he signifies his intention of becoming a
of this Code; regular member.
Water Service Cooperative. Organized to own, A member shall be liable for the debts of the
operate and manage waters systems for the cooperative to the extent of his contribution to
provision and distribution of potable water for the share capital of the cooperative.
its members and their households.
Tax Treatment of Cooperative. Cooperatives
Workers Cooperative. Organized by workers, which do not transact any business with non-
including the self-employed, who are at same members or the general public shall not be
time the members and owners of the subject to any taxes and fees imposed under
enterprise. Its principal purpose is to provide the internal revenue laws and other tax laws.
employment and business opportunities to its Cooperatives transacting business with both
members and non-members shall be subject to
another set of rules, but transactions with
members shall remain to be non-taxable.