Bill Seeks To Penalize Criminal Neglect Of Elderly, PWDs

Hundreds of neglected elderly and disabled persons will never be abandoned and will get enough care once a bill penalizing criminal neglect of the elderly and persons with disabilities (PWDs) becomes a law.

Rep. Alfredo D. Vargas III (5th District, Quezon City) filed House Bill 6460, to be known as the “Care for the Elderly and the Disabled Act,” which seeks to ensure that no one will be abandoned among vulnerable elderly persons and persons with disability.

Those who shall be found guilty of criminal neglect of the elderly and PWDs will face a jail term of not less than one year but not exceeding five years and a fine not less than PHP10,000 but not exceeding PHP100, 000.

Vargas, a vice chairman of the Committees on Health and on Social Services, said the State values the dignity of every person and guarantees full respect for human rights so it is unjust to abandon and neglect elderly persons and persons with disability.

Under the bill, a person is guilty of criminal neglect of a vulnerable elderly person or a person with a disability when he or she is a caregiver and knowingly acts in a manner likely to cause the vulnerable elderly person or the person with a disability’s life to be endangered, health to be injured, or pre-existing physical or mental condition to deteriorate.

Also, if the caregiver fails to perform acts which he or she knows or reasonably should know are necessary to maintain or preserve the life or health of the vulnerable elderly person or the person with a disability and such failure causes said person’s life to be endangered, health to be injured or pre-existing physical or mental condition to deteriorate; or if he or she abandons the vulnerable elderly person or the person with a disability.

Vargas said no provision of this Act shall be deemed to impose criminal liability upon any person who has made an effort in good faith to provide for the health and personal care of the vulnerable elderly person or the person with a disability but through no fault of his or her own has been unable to provide such care.

In addition, Vargas said no provision of the bill shall be construed as prohibiting a person from providing treatment by spiritual means through prayer alone and care consistent therewith in lieu of medical care and treatment in accordance with the tenets and practices of any church or religious denomination of which the vulnerable elderly person or the person with a disability is a member.

Under the bill, “caregiver” refers to a person who provides for the health, welfare, and personal care of a vulnerable elderly person or a person with disability, at such person’s place of residence, including but not limited to, food and nutrition, shelter, hygiene, prescribed medication and medical care or treatment.

A caregiver can be a parent, spouse, adult, child or other relative by blood or marriage who resides with or resides in the same building with and who regularly visits the vulnerable elderly person or the person with disability, and who knows or reasonably should know that such person is unable to adequately provide for his or her own health and personal care.

Also, a caregiver can be someone who has been appointed by a private or a public agency or by a court of competent jurisdiction to provide for the health and personal care of the vulnerable elderly person or the person with a disability.

The measure defines a “person with a disability” as someone who is suffering from restriction of different abilities, as a result of a mental, physical or sensory impairment, to perform an activity in the manner or within the range considered normal for a human being.

While a “vulnerable elderly person” refers to any resident of the Philippines at least sixty (60) years old who is suffering from a disease or infirmity associated with advanced age. (PNA) BNB/PR/EBP