Article 155Labor and Agrarian Laws and Social Legislation, p. 155

LABOR LAWS AND SOCIAL LEGISLATION SPECIAL LAWS AND IMPLEMENTING RULES AND REGULATIONS

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.

Article XIII, Section 11 of the Constitution provides that

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 underprivileged, sick,

elderly, disabled, women and children. Article XV, Section

4 of the Constitution Further declares that it is the duty of

the family to take care of its elderly members while the

State may design programs of social security for them.

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.

In accordance with these objectives, this Act shall:

(1) establish mechanisms whereby the contributions

of the senior citizens are maximized;

(2) adopt measures whereby our senior citizens are

assisted and appreciated by the community as a whole;

(3)

establish

a

program beneficial to the senior

citizens, their families and the rest of the community they

serve: and

(4)

establish

community-based

health

and

rehabilitation

programs

for

senior

citizens

in

every

political unit of society. (as amended by RA No 9994)

SECTION 2. Definition of Terms . – For purposes of

this Act, these terms are defined as follows:

(a) Senior citizen or elderly refers to any resident

citizen of the Philippines at least sixty (60) years old;

(b) Geriatrics refer to the branch of medical science

devoted to the study of the biological and physical

changes and the diseases of old age;

(c) Lodging establishment refers to a building, edifice,

structure,

apartment

or

house including tourist inn,

apartelle, motorist hotel, and pension house engaged in

catering,

leasing

or

providing

facilities to transients,

tourists or travelers;

(d)

Medical

Services

refer

to

hospital

services,

professional services of physicians and other healthcare

professionals and diagnostics and laboratory tests that

the necessary for the diagnosis or treatment of an illness

or injury;

(e) Dental services to oral examination, cleaning,

permanent and temporary filling, extractions and gum

treatments, restoration, replacement or repositioning of

teeth,

or

alteration

of

the

alveolar or periodontium

process

of

the

maxilla

and

the

mandible

that

are

necessary for the diagnosis or treatment of an illness or

injury;

(f) Nearest surviving relative refers to the legal spouse

who survives the deceased senior citizen: Provided, That

where no spouse survives the decedent, this shall be

limited to relatives in the following order of degree of

kinship:

children,

parents,

siblings,

grandparents,

grandchildren, uncles and aunts;

(g) Home health care service refers to health or

supportive care provided to the senior citizen patient at

home by licensed health care professionals to include,

but not limited to, physicians, nurses, midwives, physical

therapist and caregivers; and

(h) Indigent senior citizen, refers to any elderly who is

frail, sickly or with disability, and without pension or

permanent source of income, compensation or financial

assistance from his/her relatives to support his/her basic

needs,

as

determined

by the Department of Social

Welfare and development (DSWD) in consultation with

the National Coordinating and Monitoring Board.

(as amended by RA No 9994)

SECTION 3. Contribution to the Community . – Any

qualified senior citizen as determined by the Office for

Senior Citizens Affairs (OSCA) may render his/her services

to the community which shall consist of, but not limited

to, any of the following:

(a) Tutorial and/or consultancy services;

(b) Actual teaching and demonstration of hobbies

and income generating skills;

(c) Lectures on specialized fields like agriculture,

health, environment protection and the like;

(d) The transfer of new skills acquired by virtue of

their training mentioned in Section 4, paragraph (d); and

(e)

Undertaking

other

appropriate

services

as

determined

by

the Office for Senior Citizens Affairs

(OSCA)

such

as

school

traffic

guide,

tourist

aide,

pre-school assistant, etc.

In consideration of the services rendered by the

qualified elderly, the Office for Senior Citizens Affairs

(OSCA) may award or grant benefits or privileges to the

elderly, in addition to the other privileges provided for

under this Act.

SECTION 4. Privileges for the Senior Citizens . – The

senior citizens shall be entitled to the following:

(a) the grant of twenty percent (20%) discount and

exemption from the value -added tax (VAT), if applicable,

on the sale of the following goods and services from all

establishments, for the exclusive use and enjoyment or

availment of the senior citizen

(1)

on the purchase of medicines, including the

purchase of influenza 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;

© Compiled By RGL

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