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Social Welfare Development

Forum
on
The Priority Bills for the
Department of Social
Welfare and Development
May 19, 2017
Valley Hotel – Peñablanca, Cagayan
Introduction
The seven (7) DSWD priority bills are being pushed by the
Department to be passed into laws. These are:
1. Social Welfare Development Agencies (SWDAs) Bill;
2. Public Solicitation Bill;
3. Amendment to the Solo Parent Act of 2000;
4. Anti Elderly Abuse Bill;
5. Creation of Council for Older persons;
6. Positive and non-violent discipline of Children Bill; and
7. Magna Carta for Day Care Workers.

 The bills embodies the message and goal of the Department to


provide: “patas at may malasakit na serbisyong walang bahid
ng katiwalian”.
Elderly
Abuse
Bill
Senate Bill No. 372 and House Bill No. 2989: “AN ACT PROVIDING
PROTECTION TO THE ELDERLY AGAINST ABUSE, NEGLECT AND
EXPLOITATION, AND PRESCRIBING PENALTIES FOR VIOLATION
THEREOF”
By: Sen. Win Gatchalian and Rep. Wes Gatchalian, respectively
About the Bill
▪ The bill has two versions. One from the Senate
and one from the House of Representatives.
▪ The author of the Senate bill on the Elderly Bill
is SENATOR WIN GATCHALIAN; The author
of the House bill version is REP. WEN
GATCHALIAN.
▪ Although there are two versions separately
filed in both houses of Congress, both bills are
virtually identical in terms of content. Both
have a short title: “Protection for the Elderly
Act”
Salient features of the bill
The bill’s protection applies to resident citizens of the
Philippines who are at least sixty (60) years of age
The provides that an elderly person affected OR a
concerned citizen may report to Barangay or to the
Police (or any law enforcement agency) any acts
classified as prohibited under the bill
A Barangay Protection Order (BPO), a Temporary
Protection Order (TPO), and/or a Permanent
Protection Order (PPO) may now be issued to protect
the abused elderly persons.
The bill now provides that the Senior Citizen status of
a victim shall be considered an aggravating
circumstance under the bill meriting a maximum
penalty under the Revised Penal Code.
Protection Order
A protection order is an order
issued (originally for VAWC
cases) for the purpose of
preventing further acts of
violence against a petitioner.
The relief granted under a
protection order serves the
purpose of safeguarding the
victim from further harm,
minimizing the disruption in the
victim’s daily life, and facilitating
the opportunity and ability of the
victim to independently regain
control over his/her life.
A protection order may be
issued by a Barangay or by the
Courts.*

* - based on the provisions of RA 9262


Salient features of the bill
The following acts shall be considered prohibited
acts under the bill:
1. Inflicting or threatening to inflict physical harm or
injury upon an elderly person (including any act
that is sexual in nature);
2. Physically restraining an elderly under inhumane
conditions with the intention of permanently
restricting the elderly’s movements and
interactions with other members of the community;
3. Causing mental or emotional distress upon an
elderly through verbal abuse, intimidation,
harassment, public humiliation, and ridicule;
Salient features of the bill
Prohibited acts (part 2):
4. Willfully neglecting to provide food, medicines,
shelter, clothing, or services necessary for the
physical and mental health of an elderly
(persons having legal responsibility or
contractual obligation to care for an elderly);
5. Depriving an elderly of his/her money, assets,
or property through undue influence or
deceitful machinations; and
6. Preventing an elderly from engaging in any
legitimate profession, occupation, or business*.
* - As long as such engagement shall not harm or be detrimental to the Older Person
Establishment
of the National
Council for the
Welfare of
Senior
Citizens
Senate Bill No. 674: “AN ACT ABOLISHING THE NATIONAL COORDINATING AND MONITORING BOARD AND
CREATING THE NATIONAL COMMISSION FOR SENIOR CITIZENS, AMENDING THEREFOR REPUBLIC ACT
NO. 7432, AS AMENDED BY REPUBLIC ACT NO. 9257, AS FURTHER AMENDED BY REPUBLIC ACT NO. 9994”
and House Bill No. 4569: “ AN ACT PROVIDING FOR THE CREATION OF A COUNCIL FOR THE WELFARE OF
OLDER PERSONS”
By: Sen. Paolo Benigno “Bam” Aquino and Rep. Rodel Batocabe, et al., respectively
About the Bill
▪ Like the Elderly Abuse Bill, this has two
versions. One from the Senate and one from
the House of Representatives.
▪ The author of the Senate bill is SENATOR
PAOLO BENIGNO “BAM” AQUINO; The
author of the House bill version is REP.
RODEL BATOCABE, REP. ALFREDO
GARBIN, JR, and REP. CHRISTOPHER CO.
▪ There are substantial differences between
the salient features of the bills filed. These
differences are as follows . . .
Differences between the Salient features of
the bills
Senate Bill No. 674 House of Representatives Bill No. 9257
 Seeks to replace the National Coordinating  Provides for the creation of the Council
and Monitoring Board (NCMB) with the for the Welfare of Older Persons (CWOP)
National Commission on Senior Citizens The CWOP shall have a coordinative
(NCSC) function with the Office of Senior
The NCSC is given broader powers and
Citizens Affairs (OSCA).
functions compared to the NCMB.
Orders the creation of a Regional  Gives power to the Regional Development
Commission for Senior Citizens Councils (RDC) to create committees with
similar membership as the National Council
(RCSC) and similar bodies in the LGU (CWOP).
The functions of the RCSC and The functions of these local committees
similar bodies in the LGU will similar shall be similar with the national council as
with the NCSC as far as practicable far as applicable. In addition, they are to
maximize the available mechanisms which
are currently functioning for older persons.
Differences between the Salient features of
the bills
House of Representatives Bill No.
Senate Bill No. 674
9257
Composition of the NCSC  Composition of the CWOP
Chairman Chairperson (DSWD Sec.)
2 Vice-Chairpersons (DOH and DILG
6 Commissioners Sec.)
Shall be appointed by the President. 13 Members (Authorized reps. from DTI,
Must be a natural born citizen, a DOJ, DOTC, NEDA, DOF through BIR,
bona fide member of Senior Citizen CHR, NAPC, and 5 reps. from accredited
association/organization. NGOs/POs for Senior Citizens)
 Representatives from NGOs/POs shall be
appointed by the President of the
Philippines
Similar Salient features of the bills
The NCSC (from the Senate Bill) and CWOP
(from House of Representatives Bill) have similar
functions and powers (1st part):
1. Serve as the primary agency through which
senior citizens* can seek government assistance;
2. Review and assess the conditions of senior
citizens*;
3. Formulate and implement policies, plans,
programs and projects for the economic, social,
and cultural development of the senior citizens*
and to monitor the implementation thereof;
* - the term used in the HOR bill is older persons instead of senior citizens
Similar Salient features of the bills
The NCSC (from the Senate Bill) and CWOP (from House of
Representatives Bill) have similar functions and powers (2nd
part):
4. Enter into contracts, agreements, or
arrangements, with government or private
agencies or entities as may be necessary
to attain the objectives of this act;
 The authority to obtain loans from
government lending institutions and other
lending institutions to finance its programs
shall be subject to the Approval of the
President of the Philippines*.
* - the term used in the HOR bill is PRESIDENT ONLY
Similar Salient features of the bills
The NCSC (from the Senate Bill) and CWOP (from House of Representatives
Bill) have similar functions and powers (3rd part):

5. Negotiate for funds and to accept grants,


donations, gifts and/or properties in whatever
form and from whatever source (subject to the
approval of the President of the Philippines);
6. Coordinate, monitor, evaluate and develop
programs and projects for the advancement of the
older persons;
Similar Salient features of the bills
The NCSC (from the Senate Bill) and CWOP (from House of
Representatives Bill) have similar functions and powers (4th part):
7. Convene periodic conventions or assemblies
of older persons to review, assess and
propose policies; and
8. Prepare yearly accomplishment report for
the President, Congress, and concerned
national and local government units.
Additional Information on the version
the House of Representatives
The version of the House of Representatives expressly
provides that the CWOP shall be lodged with the
Department of Social Welfare and Development (DSWD)
as an Attached Agency (AA).
This version also provides that funds/budget for the Social
Pension Program shall remain with the DSWD.
NGOs/POs for Senior citizens are given due
representation in the Council since 5 of its members come
from the said sector.
END
Thank you
very much
for listening!

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