Law Summary
Declaration of Policies and Objectives
- State policy to promote just and dynamic social order for prosperity and poverty alleviation.
- Promotion of social justice and respect for human rights.
- Integrated approach to care, health, and benefits for elderly prioritized.
- Family duty to care for elderly, with state support through social security programs.
Key Definitions
- Authorized Representative: closest person providing care, evidenced by SPA or Authorization Letter.
- DSWD: Department of Social Welfare and Development responsible for poverty alleviation programs.
- Indigent Senior Citizen: elderly without pension or income, frail or disabled, identified by NCSC/DSWD and PSA.
- OSCA: Local office for senior citizens affairs established under RA 7432.
- LGU: Local Government Unit at all administrative levels.
- NCSC: National Commission of Senior Citizens, responsible for social welfare programs for elderly.
- Pension Provider: government or private entity providing pensions; LGU stipends not considered pension.
- Permanent Source of Income: monthly financial remuneration from businesses, investments, rentals.
- PSA: Philippine Statistics Authority, central statistical agency.
- Employment: senior citizens engaged in paid work.
- Regular Family Support: material or financial support from family.
- Senior Citizen: Filipino resident aged 60 or above, including dual citizens proving Filipino citizenship.
- Social Pension: government monetary grant of not less than Php1,000 monthly.
- Social Safety Nets: assistance for economic shocks/disasters including food, medicine, domicile repair.
Government Assistance: Social Pension
- Indigent senior citizens entitled to Php1,000 monthly stipend.
- Amount reviewed biennially considering consumer price index and economic indicators.
- Program initially managed by DSWD, transferring to NCSC.
Government Assistance: Social Safety Nets
- Assistance includes food, medicines, financial help for domicile repair.
- Sourced from disaster/calamity funds of LGUs.
- Applications filed and processed at LGU level under NCSC guidelines.
Scope and Coverage of Social Pension
- Nationwide implementation.
- Priority and eligibility criteria determined by NCSC in consultation with DSWD.
- Subject to funding from the Department of Budget and Management (DBM).
List of Beneficiaries
- Annual updating and validation by DSWD/NCSC with PSA and LGUs.
- Community-based monitoring system used for validation.
- Final beneficiary list published in city/municipal/barangay offices.
- NCSC issues guidelines for list updates and validation.
Form and Manner of Payment
- Monthly stipend distributed via cash, remittance, electronic transfer, or practical modes.
- Service providers must be accredited by Bangko Sentral ng Pilipinas.
- NCSC issues guidelines on release schedules.
- No transaction fees charged to beneficiaries.
Tax Incentives for Employment of Senior Citizens
- Private entities employing senior citizens may deduct additional 15% of salaries from gross income.
- Employment must last at least six months.
- Senior citizen’s income must not exceed poverty threshold.
- BIR to issue implementing rules consistent with RA 11916.
Appropriations and Budgeting
- Initial funding included in DSWD budget, then transferred to NCSC budget upon program transfer.
- Subsequent funding included in General Appropriations Act.
- Heads of agencies and local executives to include necessary funds in annual budgets.
Grievance Procedures
- Senior citizens or authorized representatives may file complaints with NCSC.
- Grievances on beneficiary inclusion/exclusion managed through grievance forms filed at NCSC.
- LGUs form grievance committees chaired by OSCA heads with social welfare and health officers.
- Resolution within 15 days, with written decision endorsed for concurrence or appeal.
- Unresolved cases elevated to NCSC regional offices for final decision.
Penalties for Violations
- First violation: imprisonment 2-6 years, fine Php50,000 to Php100,000.
- Subsequent violations: imprisonment 2-6 years, fine Php100,000 to Php200,000.
- Abuse of privileges: imprisonment 6 months to less than 2 years, fine Php50,000 to Php100,000.
- Corporate officials may be held liable.
- Foreign offenders subject to deportation after serving sentence.
- Possible cancellation of business permits, franchises upon violations.
Transitory Provisions
- Transfer of social pension functions from DSWD to NCSC within 3 years.
- Employee absorption subject to applicable civil service laws and DBM approval.
- NCSC to issue further implementing guidelines as needed.
Legal and Effective Date Provisions
- Severability clause to preserve valid provisions if parts are declared unconstitutional.
- Interpret IRR liberally in favor of senior citizens.
- IRR effective 15 days after publication in Official Gazette or newspaper.