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LEGAL MATTERS

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As individuals age, legal matters become increasingly significant, particularly for senior citizens. These individuals may encounter a range of legal issues, including but not limited to estate planning, healthcare decisions, and elder abuse. It is essential for seniors to possess a fundamental comprehension of their legal rights and alternatives, and to seek the guidance of legal professionals when necessary. By doing so, they can safeguard their assets and well-being, and establish a secure future.

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What are the rights and privileges of Senior Citizens?

The benefits and privileges are legislated and, for the information of every one, are expressly provided in Republic Act No. 7432, as amended by Republic Act No. 9994. Accordingly, we shall be quoting the provisions of Section 4 and Section 5 of the said law hereunder including the amendments thereon that were most recently made under Republic Act No. 11916.

Republic Acts

Republic Act No. 11350

An act creating the National Commission of Senior Citizens, providing for its functions, abolishing the National Coordinating Council and Monitoring Board, amending for the purpose Republic Act No. 7432, as amended, and appropriating funds therefore...

Republic Act No. 11916

An act increasing the social pension of indigent senior citizens and appropriating funds therefore, amending for the purpose republic act no. 7432, entitled “an act to maximize the contribution of senior citizens to nation-building, grant benefits and special privileges and for other purposes”, as amended, and for other purposes.

Republic Act No. 9994

An act granting additional benefits and privileges to senior citizens, further amending republic act no. 7432, as amended, otherwise known as “an act to maximize the contribution of senior citizens to nation building, grant benefits and special privileges and for other purposes"

Memorandum Circulars

NCSC Memorandum Circular No. 1 Series of 2023

Policy providing organizational guidelines and the registration and recognition of senior citizens' organizations (SCOs), associations or groups and federations thereof...

Implementing Rules and Regulation of RA 11350

These rules and regulations shall be referred to as the "Implementing Rules and Regulations of Republic Act No. 11350 or the National Commission of Senior Citizens Act" and, for brevity, interchangeably referred to hereunder as the "Rules" or "IRR"....

Implementing Rules and Regulation of RA 11916

Implementing rules and regulations of Republic Act No. 11916, "An act increasing the social pension of senior citizens and appropriating funds thereof, amending for the purpose Republic Act No. 7432, entitled "An act to maximize the contribution of senior citizens to nation-building, grant benefits and special privileges and for other purposes", as amended, and for other purposes"...

Public Information on DOH-FDA Requirement on 20% Discount of Senior Citizen Medicines

Public information on DOH-FAD Requirement for Senior Citizens to avail of 20% discount on medicines: The public is hereby informed that as per DOH Administrative Order No. 2010-0032, Guidelines and Mechanisms to implement the provisions of Republic Act No. 9994 otherwise known as "The Expanded Senior Citizens Act of 2010"...

United Nations General Assembly (UNGA) Resolution 217A (Universal Declaration of Human Rights) dated 10 December 1948
Article 25 (1). Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.

UNGA Resolution 37/51 (Vienna International Action Plan on Ageing) dated 03 December 1982
Provides basis for the formulation of policies and programmes on ageing.

UNGA Resolution 46/91 (UN Principles for Older Persons) dated 16 December 1991
Governments were encouraged to incorporate them into their national programmes whenever possible. There are 18 principles, which can be grouped under five (5) themes: independence, participation, care, self-fulfilment and dignity.

Madrid International Plan of Action on Ageing (MIPAA) adopted at the Second World Assembly on Ageing in April 2002
Sets a comprehensive and bold agenda for ageing-related policies in the 21st century.

2030 UN Sustainable Development Goals adopted at the UN Sustainable Development Summit on 25 September
2015

 

  • People who are vulnerable must be empowered, such as all children, youth, persons with disabilities, people living with HIV/AIDS, older persons, indigenous peoples, refugees and internally displaced persons and migrants.

 

  • By 2030, end all forms of malnutrition, including achieving, by 2025, the internationally agreed targets on stunting and wasting in children under 5 years of age, and address the nutritional needs of adolescent girls, pregnant and lactating women and older persons

 

  • By 2030, provide access to safe, affordable, accessible and sustainable transport systems for all, improving road safety, notably by expanding public transport, with special attention to the needs of those in vulnerable situations, women, children, persons with disabilities and older persons

 

  • By 2030, provide universal access to safe, inclusive and accessible, green and public spaces, in particular for women and children, older persons and persons with disabilities



1987 Philippine Constitution - Article XIII. Social Justice and Human Rights, Health

Section 11 - The State shall adopt an integrated and comprehensive approach to health development which shall endeavor to make essential goods, health and other social services available to all the people at
affordable cost. There shall be priority for the needs of the under-privileged, sick, elderly, disabled, women and children. The State shall endeavor to provide free medical care to paupers.

 

Article XV. The Family, Section 4- The family has the duty to take care for its elderly members but the State may also do so through just programs of social security.
 

Executive Order 292, S. 1987 (“Administrative Code of 1987”)
 

Article XVI, Section 2. The Department of Social Welfare and Development (DSWD) is mandated to provide a balanced approach to welfare whereby the needs and interests of the population are addressed not only at the outbreak of crisis but more importantly at the stage which would inexorably lead to such
crisis.


Republic Act (RA) 7160 (Local Government Code of 1991)
 

Sec. 17. Basic Service and Facilities
 

For a Municipality/City:
iv) Social welfare services which include programs and projects on child and youth welfare, family and community welfare, women's welfare, welfare of the elderly and disabled persons; community-based rehabilitation programs for vagrants, beggars, street children, scavengers, juvenile delinquents, and victims of drug abuse; livelihood and other pro-poor projects; nutrition services; and family planning services;

 

RA 7876, s. 1995 (“Senior Citizens Center Act of the Philippines”)

 

AN ACT ESTABLISHING A SENIOR CITIZENS CENTER IN ALL CITIES AND MUNICIPALITIES OF THE PHILIPPINES, AND APPROPRIATING FUNDS THERFOR under direct supervision of the DSWD, in collaboration with the local government unit concerned RA 8425 (Social Reform and Poverty Alleviation Act)
 

President of the Republic of the Philippines shall serve as Chairperson of the NAPC and the members include representatives from each of the basic sectors which include senior citizens RA 10645 (Mandatory PhilHealth Coverage)
 

All senior citizens shall be covered by the national health insurance program of PhilHealth. Funds necessary to ensure the enrollment of all senior citizens not currently covered by any existing category shall be sourced
from the National Health Insurance Fund of PhilHealth from proceeds of Republic Act No. 10351, in accordance with the pertinent laws and regulations.


Proclamation No. 470, s. 1994 [Declaring the First Week of October of Every Year as Linggo ng Katandaang Filipino (Elderly Filipino Week)]
 

The National Committee is composed of the Department of Social Welfare and Development as Chair, with Members the Department of Health, Department of Education, Department of Interior and Local Government and Coalition of Sevices for the Elderly and Federation of Senior Citizens Association of the Philippines as permanent Secretariat.


RA 10868 (Centenarians Act of 2016)
 

Sec. 2. All Filipinos who reach 100 years old, whether residing in the Philippines or abroad, shall be honored with:
a) Letter of Felicitation from the President of the Philippines congratulating the celebrant for his or her longevity, and
b) Centenarian Gift in the amount of one hundred thousand pesos (P100,000.00)


Sec. 3. National Respect for Centenarians Day, on the first Sunday of October , all Filipinos who have turned centenarians in the current year shall be awarded a plaque of recognition and a cash icentve by their respective city
or municipal governments.


RA 10911 (“Anti-Age Discrimination in Employment
 

Section 2. Declaration of Policies. Declaration of Policies. - The State shall promote equal opportunities in employment for everyone. To this end, it shall be the policy of the State to:


a) Promote employment of individuals on the basis of their abilities, knowledge, skills and qualifications rather than their age.
b) Prohibit arbitrary age limitations in employment.
c) Promote the right of all employees and workers, regardless of age, to be treated equally in terms of compensation, benefits, promotion, training and other employment opportunities.

RA 7432/RA 9257/RA 9994

An Act to Maximize the Contribution of Senior Citizens in Nation Building, Grant Benefits and Special Privileges and For Other Purposes As Amended
 

The World Bank (WB) Social Protection Policy Note, May 2018 No. 14 Issue summarized the aforesaid benefits and privileges of the senior citizens.

RA 11916 (AN ACT INCREASING THE SOCIAL PENSION OF INDIGENT SENIOR CITIZENS AND APPROPRIATING FUNDS THEREFOR,
AMENDING FOR THE PURPOSE REPUBLIC ACT NO. 7432, ENTITLED “AN ACT TO MAXIMIZE THE CONTRIBUTION OF SENIOR CITIZENS TO NATION-BUILDING, GRANT BENEFITS AND SPECIAL PRIVILEGES, AND FOR OTHER PURPOSES”, AS AMENDED, AND FOR OTHER PURPOSES) dated July 30, 2022

 

  • Indigent senior citizens shall be entitled to a monthly stipend amounting to not less than P1,000.00 to augment the daily subsistence and other medical needs of senior citizens.

  • Implementing Rules and Regulations of RA 11916

  • Submitted to the National Printing Office on 30 January 2023 and would be published in the Official Gazette on 06 March 2023 or to be effective on 21 March 2023.

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