Senior PWD Reviewer
Senior PWD Reviewer
Senior PWD Reviewer
9994
Section 1 - Title
• This Act Shall be known as the "Expanded Senior Citizens Act of 2010."
Section 2
• Section 1 of Republic Act No. 7432, as amended by Republic Act No. 9257, otherwise known as the "Expanded Senior Citizens
Act of 2003", is hereby further amended to read as follows:
Section 1 of RA 7432
• SECTION 1. Declaration of Policies and Objectives. - As provided in the Constitution of the Republic of the Philippines, it is the
declared policy of the State to promote a just and dynamic social order that will ensure the prosperity and independence of the
nation and free the people from poverty through policies that provide adequate social services, promote full employment, a
rising standard of living and an improved quality of life. In the Declaration of Principles and State Policies in Article II, Sections 10
and 11, it is further declared that the State shall provide social justice in all phases of national development and that the State
values the dignity of every human person and guarantees full respect for human rights.
Section 2 (cont.)
Consistent with these constitutional principles, this Act shall serve the following objectives:
(a) To recognize the rights of senior citizens to take their proper place in society and make it a concern of the family, community,
and government;
(b) To give full support to the improvement of the total well-being of the elderly and their full participation in society,
considering that senior citizens are integral part of Philippine society;
(c) To motivate and encourage the senior citizens to contribute to nation building;
(d) To encourage their families and the communities they live with to reaffirm the valued Filipino tradition of caring for the
senior citizens;
(e) To provide a comprehensive health care and rehabilitation system for disabled senior citizens to foster their capacity to
attain a more meaningful and productive ageing; and
(f) To recognize the important role of the private sector in the improvement of the welfare of senior citizens and to actively seek
their partnership.
(1) on the purchase of medicines, including the purchase ofinfluenza and pnuemococcal vaccines, and such other essential
medical supplies, accessories and equipment to be determined by the Department of Health (DOH). The DOH shall establish
guidelines and mechanism of compulsory rebates in the sharing of burden of discounts among retailers, manufacturers and
distributors, taking into consideration their respective margins;
(2) on the professional fees of attending physician/s in all private hospitals, medical facilities, outpatient clinics and home health
care services;
(3) on the professional fees of licensed professional health providing home health care services as endorsed by private hospitals
or employed through home health care employment agencies;
(4) on medical and dental services, diagnostic and laboratory fees in all private hospitals, medical facilities, outpatient clinics,
and home health care services, in accordance with the rules and regulations to be issued by the DOH, in coordination with the
Philippine Health Insurance Corporation (PhilHealth);
(5) in actual fare for land transportation travel in public utility buses (PUBs), public utility jeepneys (PUJs), taxis, Asian utility
vehicles (AUVs), shuttle services and public railways, including Light Rail Transit (LRT), Mass Rail Transit (MRT), and Philippine
National Railways (PNR);
(6) in actual transportation fare for domestic air transport services and sea shipping vessels and the like, based on the actual fare
and advanced booking;
(7) on the utilization of services in hotels and similar lodging establishments, restaurants and recreation centers;
(8) on admission fees charged by theaters, cinema houses and concert halls, circuses, leisure and amusement; and
(9) on funeral and burial services for the death of senior citizens
(b) exemption from the payment of individual income taxes of senior citizens who are considered to be minimum wage earners
in accordance with Republic Act No. 9504;
(c) the grant of a minimum of five percent (5%) discount relative to the monthly utilization of water and electricity supplied by
the public utilities: Provided, That the individual meters for the foregoing utilities are registered in the name of the senior citizen
residing therein: Provided, further, That the monthly consumption does not exceed one hundred kilowatt hours (100 kWh) of
electricity and thirty cubic meters (30 m3) of water: Provided, furthermore, That the privilege is granted per household
regardless of the number of senior citizens residing therein;
(d) exemption from training fees for socioeconomic programs;
(e) free medical and dental services, diagnostic and laboratory fees such as, but not limited to, x-rays, computerized tomography
scans and blood tests, in all government facilities, subject to the guidelines to be issued by the DOH in coordination with the
PhilHealth;
(f) the DOH shall administer free vaccination against the influenza virus and pneumococcal disease for indigent senior citizen
patients;
(g) educational assistance to senior citizens to pursue post secondary, tertiary, post tertiary, vocational and technical education,
as well as short-term courses for retooling in both public and private schools through provision of scholarships, grants, financial
aids, subsides and other incentives to qualified senior citizens, including support for books, learning materials, and uniform
allowances, to the extent feasible: Provided, That senior citizens shall meet minimum admission requirements;
(h) to the extent practicable and feasible, the continuance of the same benefits and privileges given by the Government Service
Insurance System (GSIS), the Social Security System (SSS) and the PAG-IBIG, as the case may be, as are enjoyed by those in actual
service;
(i) retirement benefits of retirees from both the government and the private sector shall be regularly reviewed to ensure their
continuing responsiveness and sustainability, and to the extent practicable and feasible, shall be upgraded to be at par with the
current scale enjoyed by those in actual service;
(j) to the extent possible, the government may grant special discounts in special programs for senior citizens on purchase of
basic commodities, subject to the guidelines to be issued for the purpose by the Department of Trade and Industry (DTI) and the
Department of Agriculture (DA);
(k) provision of express lanes for senior citizens in all commercial and government establishments; in the absence thereof,
priority shall be given to them; and
(l) death benefit assistance of a minimum of Two thousand pesos (Php2, 000.00) shall be given to the nearest surviving relative
of a deceased senior citizen which amount shall be subject to adjustments due to inflation in accordance with the guidelines to
be issued by the DSWD.
In the availment of the privileges mentioned above, the senior citizen, or his/her duly authorized representative, may
submit as proof of his/her entitled thereto any of the following:
(1) an identification card issued by the Office of the Senior Citizen Affairs (OSCA) of the place where the senior citizen resides:
Provided, That the identification card issued by the particular OSCA shall be honored
nationwide;
(2) the passport of the senior citizen concerned; and
(3) other documents that establish that the senior citizen is a citizen of the Republic and is at least sixty (60) years of age as
further provided in the implementing rules and regulations.
• In the purchase of goods and services which are on promotional discount, the senior citizen can avail of the promotional
discount or the discount provided herein, whichever is higher.
• The establishment may claim the discounts granted under subsections (a) and (c) of this section as tax deduction based on the
cost of the goods sold or services rendered: Provided, That the cost of the discount shall be allowed as deduction from gross
income for the same taxable year that the discount is granted: Provided, further, That the total amount of the
claimed tax deduction net of VAT, if applicable, shall be included in their gross sales receipts for tax purposes and shall be
subject to proper documentation and to the provisions of the National Internal Revenue Code (NICR), as amended.
Employment
• Senior citizens who have the capacity and desire to work, or be re-employed, shall be provided information and matching
services to enable them to be productive members of society. Terms of employment shall conform with the provisions of the
Labor Code, as amended, and other laws, rules and regulations.
• Private entities that will employ senior citizens as employees, upon the effectivity of this Act, shall be entitled to an additional
deduction from their gross income, equivalent to fifteen percent (15%) of the total amount paid as salaries and wages to senior
citizens, subject to the provision of Section 34 of the NIRC, as amended: Provided, however, That such employment shall
continue for a period of at least six (6) months: Provided, further, That the annual income of the senior citizen does not exceed
the latest poverty threshold as determined by the National Statistical Coordination Board (NSCB) of the National Economic and
Development Authority (NEDA) for that year.
• The Department of Labor and Employment (DOLE), in coordination with other government agencies such as, but not limited to,
the Technology and Livelihood Resource Center (TLRC) and the Department of Trade and Industry (DTI), shall assess, design and
implement training programs that will provide skills and welfare or livelihood support for senior citizens. Education
• The Department of Education (DepED), the Technical Education and Skills Development Authority (TESDA) and the Commission
on Higher Education (CHED), in consultation with nongovernmental organizations (NGOs) and people's organizations (POs) for
senior citizens, shall institute programs that will ensure access to formal and nonformal education.
Health
• The DOH, in coordination with local government units (LGUs), NGOs and POs for senior citizens, shall institute a national health
program and shall provide an integrated health service for senior citizens. It shall train community-based health workers among
senior citizens and health personnel to specialize in the geriatric care and health problems of senior citizens.
• The national health program for senior citizens shall, among others, be harmonized with the National Prevention of Blindness
Program of the DOH.
• Throughout the country, there shall be established a "senior citizens' ward" in every government hospital. This geriatric ward
shall be for the exclusive use of senior citizens who are in need of hospital confinement by reason of their health conditions.
However, when urgency of public necessity purposes so require, such geriatric ward may be used for emergency purposes, after
which, such "senior citizens' ward" shall be reverted to its nature as geriatric ward.
Social Services
At least fifty percent (50%) discount shall be granted on the consumption of electricity, water, and telephone by the senior
citizens center and residential care/group homes that are government-run or non-stock, non-profit domestic corporation
organized and operated primarily for the purpose of promoting the well-being of abandoned, neglected, unattached, or
homeless senior citizens, subject to the guidelines formulated by the DSWD.
(1) "self and social enhancement services" which provide senior citizens opportunities for socializing, organizing, creative
expression, and self-improvement;
(2) "after care and follow-up services" for citizens who are discharged from the homes or institutions for the aged, especially
those who have problems of reintegration with family and community, wherein both the senior citizens and their families are
provided with counseling;
(3) "neighborhood support services" wherein the community or family members provide caregiving services to their frail, sick, or
bedridden senior citizens; and
(4) "substitute family care " in the form of residential care or group homes for the abandoned, neglected, unattached or
homeless senior citizens and those incapable of self-care.
Housing
• The national government shall include in its national shelter program the special housing needs of senior citizens, such as
establishment of housing units for the elderly.
Social Pension
• Indigent senior citizens shall be entitled to a monthly stipend amounting to Five hundred pesos (Php500.00) to augment the
daily subsistence and other medical needs of senior citizens, subject to a review every two (2) years by Congress, in consultation
with the DSWD.
Functions of OSCA
(a) To plan, implement and monitor yearly work programs in pursuance of the objectives of this Act;
(b) To draw up a list of available and required services which can be provided by the senior citizens;
(c) To maintain and regularly update on a quarterly basis the list of senior citizens and to issue national individual identification
cards, free of charge, which shall be valid anywhere in the country;
(d) To serve as a general information and liason center for senior citizens;
(e) To monitor compliance of the provisions of this Act particularly the grant of special discounts and privileges to senior citizens;
(f) To report to the mayor, any individual, establishments, business entity, institutions or agency found violating any provision of
this Act; and
(g) To assist the senior citizens in filing complaints or charges against any individual, establishments, business entity, institution,
or agency refusing to comply with the privileges under this Act before the Department of Justice (DOJ), the Provincial
Prosecutor's Office, the regional or the municipal trial court, the municipal trial court in cities, or the municipal circuit trial
court."
Section 7 - Penalties
Any person who refuses to honor the senior citizen card issued by this the government or violates any provision of this Act shall
suffer the following penalties:
(a) For the first violation, imprisonment of not less than two (2) years but not more than six (6) years and a fine of not less than
Fifty thousand pesos (Php50,000.00) but not exceeding One hundred thousand pesos (Php100,000.00);
(b) For any subsequent violation, imprisonment of not less than two (2) years but not more than six (6) years and a fine of not
less than One Hundred thousand pesos (Php100,000.00) but not exceeding Two hundred thousand pesos (Php200,000.00); and
(c) Any person who abuses the privileges granted herein shall be punished with imprisonment of not less than six (6) months and
a fine of not less than Fifty thousand pesos (Php50,000.00) but not more than One hundred thousand pesos (Php100,000.00).
Section 7 - Penalties
• If the offender is a corporation, partnership, organization or any similar entity, the officials thereof directly involved such as
the president, general manager, managing partner, or such other officer charged with the management of the business affairs
shall be liable therefor.
• If the offender is an alien or a foreigner, he/she shall be deported immediately after service of sentence.
• Upon filing of an appropriate complaint, and after due notice and hearing, the proper authorities may also cause the
cancellation or revocation of the business permit, permit to operate, franchise and other similar privileges granted to any person,
establishment or business entity that fails to abide by the provisions of this Act.
Section 10 - Appropriations
• The Necessary appropriations for the operation and maintenance of the OSCA shall be appropriated and approved by the LGUs
concerned. For national government agencies, the requirements to implement the provisions of this Act shall be included in
their respective budgets: Provided, That the funds to be used for the national health program and for the vaccination of senior
citizens in the first year of the DOH and thereafter, as a line item under the under the DOH budget in the subsequent General
Appropriations Act (GAA): Provided, further, That the monthly social pension for indigent senior citizens in the first year of
implementation shall be added to the regular appropriations of the DSWD budget in the subsequent GAA.
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.
Section 1
• A new chapter, to be denominated as “Chapter 8. Other privileges and Incentives” is hereby added to Title Two of Republic Act
No. 7277, otherwise known as the “Magna Carta for Disabled Persons”, with new Sections 32 and 33, to read as follows:
Section 2
• Republic Act No. 7277 is hereby amended inserting a new title,
chapter and section after Section 38 be denominated as title 4,
chapters 1 and 2 and Sections 40, 41 and 42 to read as follows:
Prohibitions on Verbal, Non-verbal Ridicule and Vilification Against Persons with Disability
CHAPTER 1. Deliverance from Public Ridicule
Section 39 – Public Ridicule
• For purposes of this chapter, public ridicule shall be defined as an act of making fun or contemptuous imitating or making
mockery of persons with disability whether in writing, or in words, or in action due to their impairment/s.
Section 40
• No individual, group or community shall execute any of these acts of ridicule against persons with disability in any time and
place which could intimidate or result in loss of self-esteem of the latter.
Prohibitions on Verbal, Non-verbal Ridicule and Vilification Against Persons with Disability
Chapter 2 – Deliverance from Vilification
Section 41 - Vilification
• The utterance of slanderous and abusive statements against a person with disability; and/or
• An activity in public which incites hatred towards, serious contempt for, or severe ridicule of persons with disability.
Section 42
• Any individual, group or community is hereby prohibited from vilifying any person with disability which could result into loss of
self-esteem of the latter.
(b) Any person who abuses the privileges granted herein shall be punished with imprisonment of not less than six months or a
fine of not less than Five thousand pesos (P5,000.00), but not more than Fifty thousand pesos (P50,000.00), or both, at the
discretion of the court.
(c) If the violator is a corporation, organization or any similar entity, the officials thereof directly involved shall be liable
therefore.
(d) If the violator is an alien or a foreigner, he shall be deported immediately after service of sentence without further
deportation proceedings.
Section 4
• The title of Republic Act No. 7277 is hereby amended to read as the “Magna Carta for Persons with Disability”, and all
references on the said law to “Disabled persons” shall likewise be amended to read as
“persons with disability”.
Section 5
• The Department of Social Welfare and Development, the National Council for the Welfare of Disabled Persons, and the Bureau
of Internal Revenue, in consultation with the concerned Senate and House committees and other agencies, organizations,
establishments shall formulate implementing rules and regulations pertinent to the provision of this Act within six months after
the effectivity of this Act.
Section 6
• This Act shall take effect fifteen (15) days after its publication in any two newspapers of general circulation.
Other Taxes
• VAT or OPT – if s/he is self-employed or engaged in business or practice of profession, and his gross annual sales and/or
receipts exceeds the revised vat threshold of P3,000,000 (TRAIN Law) or such amount to which this may be adjusted pursuant to
Sec. 109(1) of the Tax Code, he shall be subject to VAT. Otherwise, s/he shall be subject to the Percentage Tax under Section 116
of the Tax Code, as amended
• Donor’s tax on all donations made by the a Senior Citizen or PWD during any calendar year, unless exempt under a specific
provision of law.
• Estate Tax – In the event of death, the estate of the Senior Citizen or PWD during any calendar year, unless exempt under a
specific provision of law.
• Excise Tax on certain goods
• Documentary stamp tax