1) Draft Jd Thesis Proposal Template

BULACAN BULACA N STATE UNIVERSITY UNIVERS ITY COLLEGE OF LAW LAW

Social Pension to all Senior Citizens not covered by any Pension Sytems;  A Proposal Proposal to amend amend Section Section 5(h)(i) of Republic Republic Act 999 999

 A !hesis Proposal Proposal Presented to the Colle"e of #a$ %ulacan State &niversity

'n Partial ulfillment of the Reuirements of the *e"ree +uris *octor 

%y

,RA-*./ 01.# R2S. CA0'##. ,3 *ecember 4/ 647

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BULACAN BULACA N STATE UNIVERSITY UNIVERS ITY COLLEGE OF LAW LAW

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ABSTRACT

!he Philippine 4987 Constitution states that $hile it is the duty of the family to tae care of its elderly members/ the State may desi"n pro"rams of social security for senior citizens3 1ence/ the State/ throu"h the #e"islative *epartment has enacted different statutes "rantin" additional benefits and privile"es to senior citizens3 1o$ever/ only fe$ of the elderly population are covered by Social Security System (SSS)/ ,overnment Service 'nsurance System (,S'S)/ Social Pension Pro"ram for 'ndi"ent Senior Citizens (SP'SC) and other  pens pensio ion n syst system ems3 s3 !his !his stil stilll leav leaves es a perc percen enta ta"e "e the the seni senior or citi citize zen n population $ith no pension at all3 !hes !hese e pens pension ion system systems s defin definite itely ly brid" brid"ed ed a "ap "ap in the the socia sociall protec protectio tion n system system in the coun country try// but $e cann cannot ot remov remove e the the fact fact that that lapses still e:ist3  Amendin"  Amendin" the Section 5(h)(') of Republic Act 999 shall "ive more $indo $indo$ $ in provi providin din" " socia sociall pens pension ion to all all senio seniorr citize citizens ns $ho $ho are are not not recipient of any pension pro"ram3 !hus/ !hus/ the amendmen amendmentt $ill help to further further reduce reduce the ineuali ineuality ty// social e:clusion and the number of senior citizens livin" in andor belo$ the poverty line3 urthermore/ social pensions support economic "ro$th and are are consi conside dere red d as an inves investme tment nt in less less poor poor// healt healthie hierr/ more more cohesive society s ociety33

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BULACAN BULACA N STATE UNIVERSITY UNIVERS ITY COLLEGE OF LAW LAW

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ABSTRACT

!he Philippine 4987 Constitution states that $hile it is the duty of the family to tae care of its elderly members/ the State may desi"n pro"rams of social security for senior citizens3 1ence/ the State/ throu"h the #e"islative *epartment has enacted different statutes "rantin" additional benefits and privile"es to senior citizens3 1o$ever/ only fe$ of the elderly population are covered by Social Security System (SSS)/ ,overnment Service 'nsurance System (,S'S)/ Social Pension Pro"ram for 'ndi"ent Senior Citizens (SP'SC) and other  pens pensio ion n syst system ems3 s3 !his !his stil stilll leav leaves es a perc percen enta ta"e "e the the seni senior or citi citize zen n population $ith no pension at all3 !hes !hese e pens pension ion system systems s defin definite itely ly brid" brid"ed ed a "ap "ap in the the socia sociall protec protectio tion n system system in the coun country try// but $e cann cannot ot remov remove e the the fact fact that that lapses still e:ist3  Amendin"  Amendin" the Section 5(h)(') of Republic Act 999 shall "ive more $indo $indo$ $ in provi providin din" " socia sociall pens pension ion to all all senio seniorr citize citizens ns $ho $ho are are not not recipient of any pension pro"ram3 !hus/ !hus/ the amendmen amendmentt $ill help to further further reduce reduce the ineuali ineuality ty// social e:clusion and the number of senior citizens livin" in andor belo$ the poverty line3 urthermore/ social pensions support economic "ro$th and are are consi conside dere red d as an inves investme tment nt in less less poor poor// healt healthie hierr/ more more cohesive society s ociety33

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BULACAN BULACA N STATE UNIVERSITY UNIVERS ITY COLLEGE OF LAW LAW

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!his study aims to propose the universal social pensions to senior  citizens $ho are not part of the SSS/ ,S'S and other pension system3

Keywords: Senior Citizen, Indigent Senior Citizen, Social Pension, Pension

ffer3

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BULACAN STATE UNIVERSITY COLLEGE OF LAW

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TABLE OF CONTENTS

Pa"e !itle  Abstract  Advisor 0illion validated indi"ent senior  citizens/ yet/ in the proposed bud"et for the year 648/ only = million indi"ent senior citizens are funded; leavin" si: hundred thousand indi"ent senior citizens $ithout social pension3

!his paper attempts to propose a further amendment to Section 5(h)(') of Republic Act 999

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%B Statement of the Problem !he primary purpose of this study in to propose an amendment to Section 5(h)(') of Republic Act 9993 Specifically/ the study aims to ans$er  the follo$in" uestionsH

43 Ghat are the ualifications to become eli"ible to the proposed inclusion of social pensionJ 3 Gho $ill select the ualified senior citizenJ =3 Ghere $ill the funds for the proposed social pension ori"inateJ 3 Ghat isare the impact of the proposed amendment in the PhilippinesJ 53 Ghat "overnment a"ency $ill handle the implementationJ

CB Si"nificance of the Study

Pension reduces the need for children and other family members to provide financial support to older family members3 !his helps families reallocate e:penditure to$ard other priorities such as children

Social Pension is classified dependin" on the members of the society they are address to or to the conditions set by the "overnment3 't helps older people to afford at least one meal a day and help them to have access to basic services3 't also contributes to humanBri"hts a"enda3 0oreover/ it supports and acno$led"es the ri"hts and contribution of the older

people

%3

to

the

development

of

the

country3

#e"islations that provide benefits and privile"es to Senior 

Citizens

1.

Re)#*'&c Ac( N". +,32

Republic Act -o3 7= or the Act to 0a:imize the Contribution of  Senior Citizens to -ation %uildin"/ ,rant %enefits and Special Privile"es and for other purposes $as approved on April =/ 4993  Can #o$ 'ncome Countries Afford %asic Social ProtectionJ (+une 665)

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Consonant to constitutional principles is declared policies are to motivate and encoura"e the senior citizens to contribute to nation buildin"; and to encoura"e families and the communities they live $ith to reaffirm the valued ilipino tradition of carin" for the senior citizens3

7

't aims to establish mechanisms $hereby the contribution of the senior citizens are ma:imized; adopt measures $hereby our senior  citizens are assisted and appreciated by the community as a $hole; establish a pro"ram beneficial to the senior citizens/ their families and the rest of the community that they serve3 8

RA 7= allo$s any ualified senior citizens to render his services to the community; may it be income "eneratin" or mere demonstration of  his sills3 !hus/ the 2SCA may a$ard or "rant benefits or privile"es to the elderly in addition to other privile"es provided by the la$3

!he la$ also "rants t$enty percent (6K) discount from all establishments relative to utilization of transportation services/ hotels and similar lod"in" establishment/ restaurants and recreation center and purchase of medicine any$here in the country 93 Additional 6K or more on discount on admission fees char"ed by theaters/ cinema houses and  par3 aBb/ Sec3 4/ R3A3 -o3 7=/  par3 4B=/ supra  Par3 a/ Sec3 / RA 7=

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concert halls/ circuses/ carnivals and other similar places of culture/ leisure and amusement =6 ; e:emption from payment of individual ta:es and from trainin" fees for socioeconomic pro"rams undertaen by the 2SCA as part of its $or; ree medical and dental services in "overnment establishment any$here in the country/ sub?ect to "uidelines to be issued by the *21/ ,S'S and SSS;

urthermore/ RA 999 established the 2ffice of the Senior Citizens  Affairs or the 2SCA3

2SCA is under the 2ffice of the 0ayor/ headed by a counselor $ho $as desi"nated by the San""unian" %ayan and CSG*2 in coordination $ith the *SG*3 'ts primary functions are to plan/ implement and monitor  yearly $or pro"rams; to dra$ up list of available and reuired services $hich can be provided by the senior citizens; to maintain and re"ularly update on a uarterly basis the list of senior citizens and to issue nationally

uniform=4 individual identification cards $hich shall be valid

any$here in the country; and to service as a "eneral information and liaison center to serve the needs of the senior citizens3

 Par3 b3Supra  Par3 aBd/ Sec3 7/supra

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't also provides the penalties to be imposed to $hoever violates any provision of it3

!he *epartment of Social Gelfare and *evelopment throu"h its Secretary/ ?ointly issues the rules and re"ulation of this act $ith the *epartment of inance/ *epartment of !ourism/ *epartment of 1ealth/ *epartment of !ransportation and Communications and the *epartment of  'nterior and #ocal ,overnment3

2.

Re)#*'&c Ac( N". -2+

!he !$elfth Con"ress throu"h the then Senate President ranlin *rilon and Speaer of the 1ouse of Representatives +ose de Denecia +R passed Republic Act -o3 957 or the Act ,rantin" Additional %enefits and Privile"es to Senior Citizens Amendin" for the Purpose Republic Act -o3 7= on ebruary >/ 64/ 2ther$ise no$n as an @Act to 0a:imize the Contribution of Senior Citizens to -ation %uildin"/ ,rant %enefits and Special Privile"es and for other Purposes/ also no$n as the @.:panded Senior Citizens Act of 66=3

!he Act is a consolidation of Senate %ill -o3 =95 and 1ouse %ill -o3 5987 and $as passed by the Senate and the 1ouse of 

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BULACAN STATE UNIVERSITY COLLEGE OF LAW

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Representatives on *ecember 4>/ 66=3 't $as approved in ebruary >/ 66 by the then President/ ,loria 0acapa"alB Arroyo =3

RA -o 957 amended the irst section of R3A3 -o3 7=B *eclaration of oicies and 2b?ectives3

!he act aims to establish mechanism $hereby the contribution of  the senior citizens are ma:imized; adopt measures $hereby our senior  citizens are assisted and appreciated by the community as a $hole; establish a pro"ram beneficial to the senior citizens/ their families and the rest of the community that they serve; and establish communityBbased health and rehabilitation pro"rams in every political unit of society3

==

't include privile"es for senior citizens such as the "rant of 6K discount from all the establishments relative to the utilization of services in hotels and similar lod"in" establishment/ restaurants and recreation centers/ and purchase of medicines in all establishments for the e:clusive use or en?oyment of senior citizens/ includin" funeral and burial services for the death of senior citizen; e:emption from the payment of individual income ta:es =

 httpH$$$3fda3"ov3phattachmentsarticle9654RAK69573pdf   R3A3 -o 957/ Section 4  Sec3/ Ra957

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!he act "uarantees full support to the improvement of the total $ellB bein" of the elderly and their full participation in society considerin" the senior citizens as inte"ral part of the Philippine Society =53

'n addition/ the la$ provides that the national "overnment shall include in its national shelter pro"ram the special housin" needs of senior  citizens/ such as establishment of housin" units for the elderly; =>

Section > of the act defines the term of the officials of the 2ffice for  Senior Citizens Affairs (2SCA3) 't also enumerates the functions of the office3

urthermore/ Section 46 stated the penalties for those $ho shall violate the act3 't includes the scale of violation and the steps for filin" a complaint3

3.

Re)#*'&c Ac( N". ---,

 *SG* Policies/ Pro"rams services and other initiatives for Senior Citizens  Par3 C/ sec3 5/ Ra 957 35

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Republic Act -o3 999 or the Act ,rantin" Additional %enefits and Privile"es to Senior Citizens/ further Amendin" Republic Act -o3 7=/ as  Amended/ other$ise no$n as @An Act to ma:imize the Contribution of  Senior Citizens to -ation %uildin"/ ,rant %enefits and Special Privile"es and for other Purposes $as approved on ebruary 45/ 646; 't $as si"ned by the then Senate President +uan Ponce .nrile/ Speaer of the 1ouse of  Representative Prospero C3 -o"rales under the administration of  President ,laria 0acapa"alB Arroyo3 =7

!he act is also no$n as the @.:panded Senior Citizens Act of  646

Section 4 of Republic Act -o3 7= $as amended by R3A3 -o3 957B *eclaration of Policies and 2b?ectives

 Act shall serve the follo$in" ob?ectivesH !o reco"nize the ri"hts of  senior citizens to tae their proper place in society and mae it a concern of the family/ community/ and "overnment; !o "ive full support to the improvement of the total $ellBbein" of the elderly and their full participation in society/ considerin" that senior citizens are inte"ral part of Philippine society; !o motivate and encoura"e the senior citizens to contribute to nation buildin"; !o encoura"e their families and the communities they live   httpH$$$3la$phil3netstatutesrepactsra646raL999L6463html

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$ith to reaffirm the valued ilipino tradition of carin" for the senior citizens; !o provide a comprehensive health care and rehabilitation system for  disabled senior citizens to foster their capacity to attain a more meanin"ful and productive a"ein"; and !o reco"nize the important role of the private sector in the improvement of the $elfare of senior citizens and to actively see their partnership3

'n accordance $ith these ob?ectives/ this Act shallH establish mechanisms $hereby the contributions of the senior citizens are ma:imized; adopt measures $hereby our senior citizens are assisted and appreciated by the community as a $hole; establish a pro"ram beneficial to the senior citizens/ their families and the rest of the community they serveH and establish communityBbased health and rehabilitation pro"rams for senior citizens in every political unit of society =83

't further amend the privile"es the senior citizens shall be entitled to; "rant of t$enty percent 6K discount and e:emption from the valueB added ta: on the purchase of medicines/ on professional fees of attendin" physicians in all private hospitals/ medical facilities/ outpatient clinics and home health care services; professional fees of licensed professional providin" home health care services; medical and dental services/ dia"nostic and laboratory fees in all private hospitals/ medical facilities/   httpH$$$3la$phil3netstatutesrepactsra646raL999L6463html

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outpatient clinics/ and home health care services; fare in public utility buses/ public utility ?itneys/ ta:is/ shuttle services and public rail$ays/ includin" #i"ht Rail !ransit (#R!)/ 0ass Rail !ransit (0R!)/ and Philippine -ational Rail$ays (P-R); air fare/ sea fare; hotels and similar lod"in" establishments/ restaurants and recreation centers; admission fees char"ed by theaters; and funeral and burial services for the death of the senior citizens3 't also "rant a minimum of five 5K discount to monthly utilization of $ater and electricity supplied by public utilities/ provided that it $as re"istered in the name of the senior citizen residin" therein and the consumption does not e:ceed one hundred ilo$att hours (466 Gh) of  electricity and thirty cubic meters (=6 m=) of $ater3 educational assistance to senior citizens to pursue pot secondary/ tertiary/ post tertiary/ vocational and technical education/ as $ell as shortBterm courses for retoolin" in both public and private schools throu"h provision of scholarships/ "rants/ financial aids/ subsides and other incentives to ualified senior citizens/ includin" support for boos/ learnin" materials/ and uniform allo$ances/ to the e:tent feasible3 *eath benefit assistance of minimum of !$o !housand pesos (Php /666366) shall be "iven to the nearest survivin" relative of the deceased senior citizen =93

Section 5 of the act stated that the "overnment shall provide assistance in employment3 !hose Senior Citizens $ho have the capacity  Section / RA 999

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and desire to $or or/ be reBemployed $ould be provided information to match service that $ould enable them to be productive members of  society 63 'n addition/ At least fifty percent (56K) discount shall be "ranted on the consumption of electricity/ $ater/ and telephone by the senior  citizens center and residential care"roup homes that are "overnmentBrun or nonBstoc/ nonBprofit domestic corporation or"anized and operated primarily for the purpose of promotin" the $ellBbein" of abandoned/ ne"lected/ unattached/ or homeless senior citizens/ sub?ect to the "uidelines formulated by the *SG* 43

0oreover/ para"raph h of Section 5 provides the additional assistance the "overnment $ould provide3 Subpara"raph 4 states that indi"ent senior citizen shall be entitled to a monthly stipend amountin" to ive hundred pesos (Php3 566366) to au"ment the daily subsistence and other medical needs of senior citizens sub?ect to revie$ every t$o years by the Con"ress/ in consultation $ith the *SG* 3 Subpara"raph  tals about the 0andatory Philhealth Covera"e of all indi"ent senior citizens $hich shall be covered by the national health insurance pro"ram or  Philhealth3 =3

 Par3 a/ sec35/ RA 999  Par3 d/ Sec 5/ Supra  Subpar34 par3 / Sec3 5/ supra  Subpar3 /supra

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Section > of the act states the provision $ith re"ard to the establishment/ officials and functions of the 2ffice of the Senior Citizens (2SCA) in all cities and municipalities of the country3

Section 7 amended the section 46 of the previous act $hich increases the penalties for those $ho $ill violate the provisions of the act3

3.

Re)#*'&c Ac( N". 1/0,

Republic Act -o3 46>5 $as enacted on +uly 8/ 643 't is An Act Providin" for the 0andatory Philhealth Covera"e for All Senior Citizens/  Amendin" for the Purposes of Republic Act -o 7=/ as amended by Republic Act -o3 999/ 2ther$ise Eno$n as the @.:panded Senior  Citizens Act of 646

't is an act "uarantyin" all senior citizens covera"e of the national health insurance pro"ram of Philhealth3 't stipulate the funds necessary to ensure the enrollment of all senior citizens not currently covered by any e:istin" cate"ory shall be sourced from the -ational 1ealth 'nsurance Rund of Philhealth from proceeds of Republic Act -o3 46=54/ in accordance $ith the pertinent la$s and re"ulations 3

 Sec3 A/ *SG* Policies/ Pro"rams Services and other 'nitiatives for Senior Citizens 44

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!he Social Pension Pro"ram to 'ndi"ent Senior Citizens

Started in 644throu"h Republic Act 999 or the .:panded Senior  Citizens Act/ the pro"ram Social Pension Pro"ram for 'ndi"ent Senior  Citizens provides assistance to senior citizens to help them au"ment their  daily subsistence and other medical needs3 't aims to reduce incidence of  hun"er amon" indi"ent senior citizens and protect indi"ent senior citizens from ne"lect/ abuse/ and deprivation

5

Social Pension for 'ndi"ent Senior Citizens $as desi"ned to protect the indi"ent senior citizens from the loss of income and unemployment as a result of illness/ i?ury/ disability/ and other circumstance3 !he SP'SC aims to improve the livin" condition of eli"ible indi"ent senior citizens3

!he tar"et beneficiaries are seniors a"in" >6 years old and above $ho are frail/ sicly or $ith disability; $ith no re"ular income or support from family and relatives/ and $ithout pension from private or "overnment institutions3 >

 httpsH$$$3rappler3comne$sbreainBdepth47=47=BsocialBpensionB seniorBcitizensB$or  httpH$$$3ds$d3"ov3phB8mBpoorBseniorsBtoBbecomeBpensionersB underBds$dsBsocialBpensionBpro"ram 45

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Nualified senior citizens may apply for the SP'SC either at the 2ffice of the Senior Citizens Affairs/ City or 0unicipal Social Gelfare and *evelopment 2ffice or the *SG* Re"ional 2ffice3

!he *epartment of Social Gelfare and *evelopment has disbursed a total of Php 96/566/566 to 484/664 to indi"ent senior a"ed 77 years and above in CO 64; a total of Phn 4/5=/95=/666 $as released to 55/7>= indi"ent senior citizens a"ed 77 years and above in CO 64=/ and Php /788/67=/>6 $as disbursed to 75/78 senior citizens a"ed 77 years and above in CO 643 'n 645/ the pro"ram has a bud"et allocation of Php 5/ 9>/>8/666 for a total of 9=9/>69 indi"ent senior  citizen a"ed >5 years and above3 73

*SG* Administrative 2rder (A2) -o345/ series of 646/ $hich listed indi"ent senior a"ed 86 years and above as first priority; those a"ed 76 to 79 as second priority; and those a"ed >6B>9 as third priority recipients of the stipend3

'n 646/ *epartment of Social Gelfare and *evelopment had issued an Administrative 2rder (A2) that served as "uideline in the implementation of the SP'SC3 A323 -o3 45/ series of 646 stated that

 *SG*/ Policies/ Pro"rams Services and other 'nitiatives for Senior Citizens 47

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indi"ent senior citizens a"ed 86 years and above $ould be the Ifirst priority6B>9 as Ithird priority< recipient of the pro"ram 83

'n 644/ *SG* issued A323 -o3 = s3644 $hich specified that only indi"ent senior citizens a"ed 77 and above $ould be entitled to the social pension3

'n 64/ the department issued A323 -o3 =/ S364 further ti"htened previous "uidelines by statin" that indi"ent senior citizens a"ed 7> and belo$ $ereonly to be re"arded as Ipotential social pensioners< fir the succeedin" implementation of R3A3 9993 !he A323 also reiterated that the inclusion of ne$ beneficiaries under the pro"ram $ould be Isub?ect to the availability of funds 93

'n other $ords/ if the bud"et allotted for a certain municipality is "ood for 566 indi"ent senior citizens only/ the 564 st senior citizen on the list should $ait for someone in the first 566 to die to be able to receive the monthly stipend3

 httpH$$$3senate3"ov3phpressLrelease644668Lcayetano43asp  httpH$$$3senate3"ov3phpressLrelease644668Lcayetano43asp

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 A2 -o / S64 continuously serves as "uideline in implementin" SP'SC up until no$/ *ec 6473

!he *SG* implements the pro"ram throu"h its 47 ield 2ffices in partnership $ith the #ocal ,overnment &nits (#,&s) and $ith the help from the City 0unicipal Social Gelfare and *evelopment 2ffices (C0SG*2) and 2ffice of the Senior Citizens Affairs (2SCA)3

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 httpH$$$3ds$d3"ov3phB8mBpoorBseniorsBtoBbecomeBpensionersB underBds$dsBsocialBpensionBpro"ram 50

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