ORDINANCE NO.

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AN ORDINANCE PROHIBITING ACTS OF ABUSE AND ABANDONMENT

COMMITTED BY THE DIRECT DESCENDANTS AGAINST ELDERLY
PARENTS AND PROVIDING PENALTIES THEREOF

BE IT ORDAINED by the Sangguniang Panlalawigan of Negros Occidental in Session

that:

SECTION 1. TITLE - This Ordinance shall be otherwise known as, "The Elderly
Parents Protection and Welfare Ordinance of Negros Occidental".

SECTION 2. POLICY STATEMENT - It shall be the policy of the Province of Negros

Occidental to protect and promote to the fullest the safety and welfare of all senior
citizens in its jurisdiction, and punish acts of abandonment and willful refusal of their
direct descendants to support and attend to them in their times o f need.

SECTION 3. DEFINITION OF TERMS - As used in this Ordinance, the following

terms shall be defined as follows:

1. Abandonment is a willful refusal on part of the direct descendants of an elderly

parent to provide needed support, and assistance in times of need and
circumstances of risk and danger. 


2. Abuse means misapplication, misemployment or exploitation or a cruel and

violent treatment of a person. 


3. Direct Descendants shall include legitimate children, grandchildren, and

grandchildren-in-law. 


4. Elder Abuse refers to a single, or repeated act, or lack of appropriate action,

occurring within any relationship where there is an expectation of trust, which
causes harm or distress to an older person. It also refers to an intentional act, or
failure to act, by a caregiver or another person in a relationship involving an
expectation of trust that causes or creates a risk of harm to the elderly.

5. Elderly parent refers to any person who is 60 years old and above having a legitimate

child or children. 


6. Need is a necessity arising from the circumstances of a situation or case. 


7. Older adult is defined as someone who is 60 years old and above. 


8. Sustenance refers to the basic needs of food, clothing and shelter of an elderly parent.



SECTION 4. PROHIBITED ACTS AND OMISSIONS - The following acts and

omissions are hereby prohibited and punished by this Ordinance:

1. Psychological and Emotional Abuse. The abuse may be verbal or non-

verbal:
 a. Verbal forms of abuse may include intimidation, humiliation, ridicule,
or habitual blaming or scapegoating.

b. Non-verbal forms of abuse are ignoring the elderly person, isolating

him or her from friends or other family members and activities, or
terrorizing him or her. Committing acts of disrespect and insult
against an elderly parent which includes, but not limited to, verbal
abuse, threats and harassments, and any words or deed of a
descendant, which causes psychological and emotional damage to his
elderly parent;

2. Economic abuse is a willful refusal of a direct descendant to provide sustenance

and support to the elderly who is in need.

3. Elderly Abandonment and Neglect is a willful abandonment by a direct

descendant of the elderly by leaving him/her unattended and uncared for in
any place which is not the dwelling of either the parents of the descendant,
including refusal to provide medical support and attendance to an elderly in
time of sickness. 


4. Physical Abuse refers not only to physical assaults, such as hitting or

showing, but also the inappropriate use of drugs, restraints or confinement.



5. Financial Exploitation involves the unauthorized use of an elderly person's

funds or property, either by a caregiver or by a descendant. 


SECTION 5. IMPLEMENTING AGENCY - The respective Local Government Units

(LGU's) of the Province through the Municipal/City Social Welfare and Development
Office (MlCSWDO), Office ofthe Senior Citizens Affairs (OSCA), Philippine National
Police (PNP), Municipal/City Health Officer (M/CHO) and representative from Senior
Citizen Municipal Federation Office of Senior Citizen Association will act as responsible
persons in the implementation of the provisions of this Ordinance. They will also provide
other services to all victims of elder abuse including immediate, short- term emergency
services; shelter, care services, food, clothing, transportation to medical or legal
appointment, as appropriate, and other counseling and assistance in accessing health care,
educational, pension and other benefits for which senior citizens may be eligible under
the law.

SECTION 6. NOTICE - Must be given by the implementing agency with the following
provisions:

1. First Notice- In case of violation of Sec. 4 hereof, the implementing agency

shall inform the descendant about the law/Ordinance and their obligations.
Thereafter, the descendants are given within ninety (90) days to respond
appropriately.

2. Second Notice- A Second Notice shall be served in case of failure of the

descendants to respond within sixty (60) days.


3. Third & Final Notice- A Third and Final Notice shall be issued informing the
descendants o f the legal action undertaken by the Implementing Agency.

SECTION 7. PENALTIES - Any person found guilty of committing said acts of abuse
and incurring said acts of abandonment enumerated in Section 4 hereof shall suffer the
penalty of imprisonment of not exceeding one (l) year or a fine of not exceeding P
5,000.00 or both, in the discretion of the court.
SECTION 8. RIGHT OF THIRD PARTIES TO DEMAND REIMBURSEMENT
OF EXPENSES ADVANCED FOR SUPPORT AND ASSISTANCE OF THE
ELDERLY - Any person who attended to the needs of an elderly parent deprived of
support and care by his/her descendants shall have the right to demand from them all the
expenses he/she incurred in attending to the elderly's needs and sustenance.

SECTION 9. SEPARABILITY CLAUSE - If any part or portion of this Ordinance

shall be declared invalid or unconstitutional, the remaining provisions not affected
thereof shall remain in full force and effect.

SECTION 10. EFFECTIVITY - This Ordinance shall take effect two (2) weeks after its
publication in a newspaper of general local circulation in the Province.