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RIGHTS OF SENIOR CITIZENS

International Laws
UNIVERSAL DECLARATION OF HUMAN RIGHTS (UDHR)

Article 1. The declaration of equality of all human


beings in dignity and rights, and the respect and
protection that each human being deserves.
Article 7. All are equal before the law and are
entitled without any any discrimination to equal
protection of law.
Article 22. Every, as a member of society, has the
right to social security and is entitled to realization,
through national effort and international cooperation and in accordance with the organization
and resources of each State, of the economic, social
and cultural rights indispensable for his dignity and
the free development of his personality.
Article 23. (1) Everyone has the right to work, to free
choice of employment, to just and favorable
condition of work and to protection against
unemployment.
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.
ARTICLE 2. Everyone is entitled to all the rights and
freedoms set forth in this Declaration, without
distinctionXXX

INTERNATIONAL CONVENTION ON ECONOMIC, SOCIAL AND


CULTURAL RIGHTS (ICESCR)
1966: Adopted and opened for signature, ratification
and accession
1976: Entered into force in the country

Article 6. Recognition of the right to work and the


opportunity to gain his living by work and the step to
be taken by the State to achieve full realization of
this right.
Article 9. Recognition of the right of everyone to
social security, including social insurance.
Article 11. Recognition of the right to an adequate
standard of living for himself and his familyXXX
Article 12. Right of everyone to the enjoyment of the
highest attainable standard of physical and mental
health.
Article 2 (2) The States Parties to the present
Covenant undertake to guarantee that the rights
enunciated in the present Covenant will be exercised
without discrimination of any kind.

Domestic Legislations
1987 PHILIPPINE CONSTITUTION Declaration of Policy
Section 1. It is the 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 service,
promote full employment, a rising standard of living and an
improved quality of life.
SENIOR CITIZEN refers to a resident citizen of the
Philippines at least 60 years old.
THE SENOIR CITIZENS ACT
Republic Act No. 7432, as amended by RA 9257 and 9994
RIGHTS AND PRIVILEGES
Direct Benefits
a) 20% Discount and exemption from VAT for their
exclusive use and enjoyment of selected goods and
services
b) Exemption from payment of individual income taxes,
for minimum wage earners
c) 5% Discount on the monthly utilization of water and
electricity supplied by public utilities
d) Free medical and dental services in all government
facilities
e) Exemption for training fees for socio-economic
programs
f) Educational assistance
g) Continuous, to the extent practicable and feasible, of
the same benefits and privileges given by GSIS (RA
8291), SSS (RA 1161) and Pag-Ibig (PD 1752)
h) Special discounts in special programs for senior
citizens on basic commodities
i) Express lanes in all commercial and government
establishments
j) Death benefit assistance
Indirect Benefits
a) 50% Discount on electricity, water, and telephone
consumption to DSWD-accredited Senior Citizen
Centers and similar institutions (RA7876) for the
purpose of promoting the well being of abandoned,
neglected or homeless senior citizens
b) Incentives for individual and non-government
institutions, communities, villages, etc.; (1) realty tax
holiday for the first five years of operation; and (2)
priority in the construction or maintenance of roads
leading to the aforesaid establishments
c) 15% deduction from the gross income of the
employer, equivalent to the total amount paid as
salaries and wages to senior citizens

Under the Principle of State Responsibility, in order for the


State to ensure the protection of human rights against
violations thereof, the State must:
a) Though its lawmaking body, enact the appropriate
laws to criminalize these violations; and
b) Though its judiciary must provide adequate judicial
remedies.
Under the Senior Citizens Act, the following are considered
criminal offenses:
1.

Refusal to honor the Senior Citizens Card


- Refusal to grant 20% Discount and VAT
Exemption to purchases of goods and services,
which are subject to such discount;
- Limiting discountable purchases
- Restricting purchasing time for senior citizens
- Posting notices that availment of the discount is
limited to cash only transactions

2.

Abuse of Senior Citizens Privileges


This can be committed by the following:
a) Senior Citizen, his representative, or a person
who misuses the privileges by:
Using several purchase booklets;
Availing of the discount to buy
medicines, drugs, medical accessories
and supplies not for the sole use of the
senior citizen; and
Authorized use of the identification
card of the senior citizen.
PENALTIES:
st
1 Violation: Imprisonment ranging from 2
years to 6 years; and fine of P50,000.00 to
P100,000.00
For Subsequent Violation: Imprisonment
ranging from 2 years to 6 years; and fine of
P100,000.00 to P200,000.00
b) Medical practitioners who gives prescription to
other persons in the name of the senior citizen
or who gives anomalous prescription.
PENALTIES:
Imprisonment for 6 months; and fine of
P50,000.00 to P100,000.00

ENFORCEMENT AND MONITORING


Office of the Senior Citizens Affairs
All cities and municipalities are obliged to have an Office for
Senior Citizens Affairs (OSCA) to be headed by a senior citizen
who shall be appointed by the Mayor of the local government
unit.
FUNCTIONS
Plan, implement, and monitor yearly work
programs in pursuance of the objectives of the
Senior Citizens Act;
Draw up a list of available and required services
which can be provided by the senior citizens;
Maintain and regularly update on a quarterly basis
the list of senior citizens
Issue national individual identification cards, free of
charge, which shall be valid anywhere in the
country;
Serve as general information and liaison center for
senior citizen;
Monitor compliance of the provisions of the Senior
Citizens Act particularly the grant of special
discounts and privileges to the senior citizens;
Report to the Mayor, any individual,
establishment, business entity, institution, or
agency refusing to comply with the privileges under
this Act before the Department of Justice (DOJ), the
Provincial Prosecutors Office, the Regional and
Municipal Trial Courts in cities, or the municipal
circuit court.

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