2021

IMPLEMENTING RULES AND REGULATIONS OF REPUBLIC ACT NO. 11350 OTHERWISE KNOWN AS THE "NATIONAL COMMISSION OF SENIOR CITIZENS ACT"

RULE 1

General Provisions

SECTION 1. Short Title. — 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 the "IRR."

SECTION 2. Purpose. — This IRR is intended to prescribe the guidelines in the implementation of the National Commission of Senior Citizens Act to achieve its objectives.

SECTION 3. Liberal Construction of this IRR. — Any conflict or ambiguity in the interpretation of this Implementing Rules and Regulations (IRR) shall be liberally construed in favor of the senior citizens.

RULE 2

Declaration of Policy

SECTION 1. Scope and Coverage. — The provisions of RA 11350 and these Rules shall apply to:

a. the Commission, national and local government agencies or entities engaged in the implementation of laws, policies and programs of the government and all persons and entities, whose objectives are to protect and to promote the rights and general welfare of senior citizens;

b. community organizations in consultations with local government units with projects that are focused on providing health and rehabilitation services, educational privileges, communication campaigns, and socio-economic opportunities for our senior citizens, which in turn shall encourage them to participate actively in nation building; provided, that such projects have been approved by the Commission;

c. government agencies or instrumentalities, NGOs, organizations, offices, corporations, or individuals working together with the Commission, and who may represent the Philippines in local and/or international functions, forums, or conferences relating to senior citizens;

d. the Commission when it is performing other functions as may be necessary and warranted by the circumstances, and as may be directed by the President; provided, that the same is in furtherance of the purpose of promoting the well-being of our senior citizens.

These Rules shall have no application, even in a suppletory manner, to any contract, program, plan, scheme, agreement, arrangement, or activity by the Commission, or that of any agency, entity, instrumentality, association, non-government organization, or office, whose objectives are in contravention to the declared policy of the State of promoting the rights and well-being of senior citizens.

SECTION 2. General Policy. — This IRR is primarily intended to provide avenues to continuously inform and orient the citizens of the significant role of the elderly as leaders of both family and society, to give special recognition of their contributions to nation-building, and to make sure that they are cared for, empowered, protected, tapped and consulted. Specifically, this IRR is envisioned:

a. to motivate and encourage the senior citizens to contribute to nation-building;

b. to encourage the families of senior citizens and the communities they live in reaffirming the valued Filipino tradition of caring for the senior citizens;

c. to establish mechanisms whereby the contributions of the senior citizens are maximized;

d. to adopt measures whereby senior citizens are assisted and appreciated by the community as a whole;

e. to establish such programs beneficial to the senior citizens, their families and the rest of the community that they serve; and

f. to promote programs that would encourage participation of senior citizens in social and economic enterprise development.

SECTION 3. Constitutional and Legislated Policies. — It is the policy of the State to adopt measures whereby our senior citizens are assisted and appreciated by the community as a whole, provide services and activities beneficial to senior citizens, their families and the communities they serve, and establish community-based health and rehabilitation, educational, and socio-economic programs for all senior citizens.

Consistent with this policy, the State shall promote the advocacy and collaboration between and among different stakeholders and senior citizens to ensure the effective implementation of various programs and services, particularly on the development of senior citizens and advancing their health and well-being, and ensuring a supportive and enabling environment for the elderly.

As provided in the 1987 Philippine Constitution, it is also the declared policy of the State to create a self-reliant nation that shall afford equal opportunities for all through effective social services that address the needs of the people, especially those who are suffering from poverty, including but not limited to our senior citizens. It is the objective of the State to improve the quality of life for everyone in order to achieve the promotion of social justice and the protection of human dignity, to wit:

Article II of the 1987 Constitution or the Declaration of Principles and State Policies provides that:

Section 4. The prime duty of the Government is to serve and protect the people.

Section 5. The maintenance of peace and order, the protection of life, liberty, and property, and the promotion of the general welfare are essential for the enjoyment by all the people of the blessings of democracy.

Section 9. The State shall 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 for all.

Section 10. The State shall promote social justice in all phases of national development.

Section 11. The State values the dignity of every human person and guarantees full respect for human rights.

Section 12. The State recognizes the sanctity of family life and shall protect and strengthen the family as a basic autonomous social institution.

Section 15. The State shall protect and promote the right to health of the people and instill health consciousness among them.

Section 23. The State shall encourage non-governmental, community-based, or sectoral organizations that promote the welfare of the nation.

Section 24. The State recognizes the vital role of communication and information in nation-building.

Section 26. The State shall guarantee equal access to opportunities for public service. . . .

Article XIII, Sec. 1 of the Constitution on Social Justice and Human Rights also provides that:

The Congress shall give highest priority to the enactment of measures that protect and enhance the right of all the people to human dignity, reduce social, economic, and political inequalities, and remove cultural inequities by equitably diffusing wealth and political power for the common good.

Thus, Sec. 2 thereof declares that the promotion of social justice shall include the commitment to create economic opportunities based on freedom of initiative and self-reliance.

Further stating in Sec. 11 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. The State shall endeavor to provide free medical care to paupers.

Also, equally important are Sections 12, 15, and 16 thereof, which state:

Section 12. The State shall establish and maintain an effective food and drug regulatory system and undertake appropriate health manpower development and research, responsive to the country's health needs and problems.

Section 15. The State shall respect the role of independent people's organizations to enable the people to pursue and protect, within the democratic framework, their legitimate and collective interests and aspirations through peaceful and lawful means.

People's organizations are bona fide associations of citizens with demonstrated capacity to promote the public interest and with identifiable leadership, membership, and structure.

Section 16. The right of the people and their organizations to effective and reasonable participation at all levels of social, political, and economic decision-making shall not be abridged. The State shall, by law, facilitate the establishment of adequate consultation mechanisms.

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

RULE 3

Definition of Terms

The following definition of terms shall apply for purposes of this IRR:

Abolition — specifically relates to the total extinguishment of the existence and functions of the National Coordinating and Monitoring Board, which was created under Republic Act No. 9994, otherwise known as the Expanded Senior Citizens Act of 2010.

Act — refers to Republic Act No. 11350, otherwise known as "The National Commission of Senior Citizens Act."

Administrative Region — refers to the existing regions of which the country is divided for administration to include such regions that may hereafter be created.

Advisory Body — refers to the provision in Section 7 (f) of RA 11350 which defines the role of the Advisory Body to assist, provide support, comments and inputs or recommendations on the plans, policies, programs, projects, structure and services of the Commission.

Association — is a group of people formed, organized, and registered in accordance with Philippine laws specifically for the purpose of advocating and promoting the protection of senior citizen rights and their overall welfare especially the indigent elderly members of the community.

Centenarian — all Filipinos, who have reached one hundred years old and above, whether residing in the Philippines or abroad (IRR of Republic Act No. 10868).

Centenarian Gift — the amount of One Hundred Thousand Pesos (Php100,000.00), or any amount as may be provided by law or local ordinance, intended as gift or cash benefit to Centenarian/s for reaching the age of 100 years old.

Civil Society Organization or CSO — any non-profit, voluntary, citizens' group which is organized on a local, national, or international level.

Commission or NCSC — also known as the National Commission of Senior Citizens, which is under the Office of the President.

Communication Campaigns — purposive initiatives to inform our senior citizens regarding the comprehensive programs of the Commission aimed to improve their general well-being, and to motivate them to continue maximizing their contributions to society.

Composition — relates to the members of the Commission with the Chairperson who shall act as the Chief Executive Officer and six (6) Commissioners who shall represent six (6) various geographical regions of the Philippines and where they shall hold their respective offices.

Department of Social Welfare and Development (DSWD) — the government agency mandated to provide assistance to local government units (LGUs), non-government organizations (NGOs), national government agencies (NGAs), peoples organizations (POs), and other members of civil society in effectively implementing programs, projects and services that shall alleviate poverty and empower disadvantaged individuals, families and communities for an improved quality of life (EO No. 15, series of 1998), but whose functions of providing for the senior citizens was legislated to be transferred to the Commission by RA 11350.

Educational Privileges — privileges granted to senior citizens to pursue post-secondary, post-tertiary, as well as vocational or technical education in both public and private schools through provision of scholarships, grants, financial aid, subsidies and other incentives, including support for books, learning materials, and uniform allowance, to the extent feasible after qualifying and meeting minimum admission requirements.

Federation of Senior Citizens' Association of the Philippines (FSCAP) — federation of senior citizens' associations/organizations duly registered and accredited with the NCSC, or have been accredited with the DSWD, to assist and coordinate in promoting the general welfare and well-being of senior citizens of the Philippines.

Field Office — area of work where approved programs and operations are conducted.

Financial Assistance to Older Persons/Senior Citizens (OPs/SCs) — funds allocated and intended for the conduct of activities and/or events for the Older Persons/Senior Citizens.

Geographical Region — a clustered grouping of existing regions where the country is divided for purpose of supervision, to include such regions that may hereafter be created. The clustering shall be based on parameters to be drawn up and agreed by the Commission for appropriate representation.

Health and Rehabilitation Services — provided for by the Commission in collaboration and consultation with the other national government agencies, instrumentalities and NGOs that help an elderly regain physical, psychological, and/or cognitive functions that may have either been lost or impaired by disease, injury, treatment, or old age.

Indigent Senior Citizens — all elderly who are frail, sickly, with disability or with lack of ability or visible means to support and sustain themselves.

Instrumentality — a government body that works as conduit in the performance of the functions of the Commission.

LGU or Local Government Unit — a geographical and political subdivision of the Republic of the Philippines at the regional, provincial, city, municipal, and barangay level established by or in accordance with the Constitution.

NGA or National Government Agency — a unit of the Philippine Government including a Department, Office, Instrumentality, or Government-Owned and Controlled Corporations (GOCCs).

NGOs or Non-Government Organizations — Civil Societies, Civic Organizations, Clubs and Societies, Church Organizations, Associations, Peoples' Organizations or any private entity, which are non-profit and voluntary in nature dedicated to the promotion, enhancement and support of the welfare of senior citizens, duly registered with any regulatory body.

Office — one which has been organized to perform functions relating to the advancement and protection of senior citizens, creation of socio-economic opportunities, dissemination of communication campaigns, provision of health and rehabilitation services, and other programs that allow the elderly members of the society to a better quality of life and further encourage them to actively participate in various activities of the government and other agencies, associations, offices, corporations, or non-government organizations.

Office of the Senior Citizens' Affairs (OSCA) — the Office for Senior Citizens Affairs created and established in all cities and municipalities pursuant to and with the functions provided under Section 6 of RA 7432, as amended by RA 9994.

Organizational Structure — the overall structure of the Commission as approved by the Department of Budget and Management (DBM). The appointments of all of its officers and employees are in accordance with the Civil Service laws, rules and regulations, the remuneration structure of which shall strictly conform with Republic Act No. 6758, otherwise known as the "Compensation and Classification Act of 1989," as amended.

Other Government Agencies — government agencies both national and local, that have plans, programs, activities, projects, and services relating to and serving senior citizens.

Overseas Filipino Worker (OFW)/Migrant Worker — a person who is to be engaged, is engaged, or has been engaged in a remunerated activity in another State.

Philippine Plan of Action for Senior Citizens (PPASC) — a three to five-year inter-agency plan for older persons/senior citizens that serves as a blueprint or guide for all government agencies, LGUs, NGOs, CSOs and other stakeholders in planning, policy formulation and program development to promote and protect the rights and welfare of senior citizens as well as to implement programs and services for the senior citizens sector, as required by relevant laws on senior citizens.

Principal Office of the Commission — the headquarters of the National Commission of Senior Citizens which shall be established in the National Capital Region.

Qualifications — refer to the conditions for membership in the Commission.

Residential Care Facility — the provision of twenty-four (24)-hour group care services to senior citizens, under the guidance of trained staffs within a structured therapeutic environment for the provision of social services and/or rehabilitation, as the case may be, to be supervised and managed by the Commission.

Residential Care Facility by Other Entities — residential care facilities, either existing or which may hereafter be created in the Philippines, providing twenty-four (24)-hour group care services to senior citizens, under the guidance of trained personnel within a structured therapeutic environment for the provision of social services and/or rehabilitation, as the case may be, operated, managed or supervised by persons or entities other than the Commission.

Special Concerns Unit — a smaller or a direct extension of the principal office which engages in core activities such as but not limited to, Bangsamoro Autonomous Region of Muslim Mindanao (BARMM), Cordillera Administrative Region (CAR), and other Indigenous Peoples concerns.

Senior Citizen/Elderly/Older Person — any citizen of the Philippines at least sixty (60) years old.

Senior Citizens Association (SCA) — a group of senior citizens formed, organized, and registered in accordance with Philippine laws, or otherwise, specifically for promoting the protection of senior citizen rights and their overall welfare especially the indigent elderly members of the community.

Senior Citizens Welfare — any and all social services intended to benefit or assist senior citizens.

Social Pension Program for Indigent Senior Citizens (SPPISC) — the monthly stipend to augment the daily subsistence and other medical needs of senior citizens as provided under Section 5 (h) of Republic Act No. 9994 or as may be provided for by law.

Socio-Economic Opportunities — programs of the Commission that are intended to boost the social and economic conditions of the senior citizens through sustainable development options.

Transfer of Functions — the transfer of functions of the Department of Social Welfare and Development (DSWD) to the Commission in relation to policies, programs and activities concerning senior citizens.

Term of Office — the period where a member of the Commission serves in the National Commission of Senior Citizens based on the appointment documents granted to him/her by the President.

RULE 4

Creation and Composition of the Commission

SECTION 1. Creation of the National Commission of Senior Citizens. — There is hereby created the National Commission of Senior Citizens, hereinafter referred to as the Commission or NCSC, and which shall be under the Office of the President.

SECTION 2. Composition of the Commission. — The Commission shall be composed of a Chairperson and six (6) Commissioners and shall act as a collegial body. The Chairperson shall be the Chief Executive Officer of the Commission. The six (6) Commissioners shall represent different geographical regions in the Philippines and shall hold office in their respective regions; Provided, that at least two (2) of the Commissioners are women: Provided further, that the full Commission shall meet at least once every month.

SECTION 3. Term of Office. — The Chairperson and members of the Commission shall have a term of office of six (6) years without prejudice to re-appointment by the President.

For the initial set of Commissioners appointed, the Chairperson and 2 Commissioners shall hold office for 6 years. Two (2) other Commissioners shall hold office for four (4) years, and the remaining two (2) Commissioners shall hold office for two (2) years.

Thereafter, all Commissioners appointed shall have a term of six years.

SECTION 4. Qualifications. — The members of the Commission must be citizens and residents of the Philippines; at least sixty (60) years old at the time of their appointment; of good moral character; bona fide members of senior citizens associations; holders of a college degree or have relevant experience in the affairs of senior citizens; of good health and sound mind; have not been convicted by a final judgment of a crime involving moral turpitude; and recommended by a general assembly of senior citizens organizations: Provided, That at least two (2) Commissioners shall be women.

SECTION 5. Hold-Over Capacity. — All members of the Commission shall continue to hold office until their successors shall have been appointed and duly qualified.

SECTION 6. Vacancy in the Commission. — All vacancies, prior to the expiration of the term of office, shall be filled for the unexpired term only.

SECTION 7. Notice of Vacancy and Expiry of Tenure. — It shall be the duty of the Commission to immediately notify the Office of the President within 30 days of the vacancy or expiry date of the term of office of every Commissioner.

SECTION 8. Removal from Office. — The President may remove any member of the Commission even before the expiration of term of office for cause and after observance of due process required by pertinent laws.

SECTION 9. Principal Office. — The Commission shall establish its principal office in the National Capital Region.

SECTION 10. Meetings. — The Commission en banc shall meet at least once every month. The Chairperson may convene special meetings when urgent matters so require.

RULE 5

Powers and Functions of the Commission

SECTION 1. Powers and Duties of the Commission. — The Commission shall exercise the following powers and functions in the performance of its mandate:

1. Ensure the full implementation of laws, policies, and programs of the government pertaining to senior citizens; review and conduct studies on the same; and recommend appropriate actions thereon to Congress and the President. The Commission may likewise perform the following:

a. Install an Assistance and Information Desk that shall address the complaints of senior citizens in relation to violations of the provision of Republic Act No. 7432, Republic Act No. 9994, and all other laws relating to senior citizens.

b. Act on the complaint/s of senior citizens by conducting investigations, case build-up, and if possible, recommend the filing of administrative, civil or criminal complaints against any individual, establishment, business entity, institution or agency to be forwarded to the pertinent Prosecutor's Office, Municipal or Regional Trial Court, Office of the Mayor, Department of Trade and Industry, and any other relevant agencies of the government. However, alternative dispute resolution and restorative justice mechanisms shall be established by the Commission as an initial step to address complaints of senior citizens.

c. Enforce and implement laws, rules and regulations and all other policies and issuances affecting senior citizens, their rights, welfare and well-being such as Republic Act No. 7432, as amended, Republic Act No. 7876, Republic Act No. 9257, Republic Act No. 9994, Republic Act No. 10366, Republic Act No. 10645. As such, the Commission may issue compliance orders to give effect to such laws, rules and regulations and, consequently exercise visitorial powers over establishments or offices for the purpose of ensuring compliance and enforcement.

d. Institute a reliable, scientific and comprehensive database for information, identification and statistics of Filipino senior citizens and thereupon formulate programs and policies according to their needs.

2. Formulate policies that shall strengthen and enhance the role of senior citizens in society and promote and protect their rights and well-being. In this case, the Commission shall:

a. Continuously ensure and handle the health, wellness, social pension and other incentives and benefits of senior citizens.

b. Provide advice and assistance to the President in the formulation, coordination, implementation and monitoring of policies, plans and programs and projects relating to senior citizens such as the PPASC.

c. Recommend programs that shall improve the role of senior citizens in nation-building to include their participation and contribution in social and economic enterprise development, both social and private, and organize a pool of senior citizen experts and advisors whose services may be tapped and volunteered for government and private projects in all levels.

d. Ensure the promotion of equal opportunities and programs to protect and enhance senior citizens in their engagement.

e. Propose to Congress bills and policies that shall aid in the development of the senior citizens for nation building.

3. Conduct participatory information, education, and communication campaigns to raise awareness on the rights and welfare of senior citizens, formulate programs to encourage participatory process and educate society on their rights and privileges.

4. Establish and maintain cooperation and consultations with local government units and national government agencies on all matters pertaining to the general welfare of senior citizens. The Commission may also:

a. Initiate and enhance the active participation of senior citizens in the socio-economic development of the society and their community as agents of development.

b. Analyze the programs of existing policies and development programs of the government that seek to strengthen and uplift the socio-economic conditions of the senior citizens.

c. Recommend expenditure programs and allocation of funds directed towards the development of senior citizens; and

d. Coordinate with DSWD, DILG, DOH, DOJ, DOLE, OWWA, LGUs, OSCAs, and other government agencies in the implementation of the Commission's functions and objectives.

5. Represent the Philippines in international functions, forums, or conferences on senior citizens and establish and maintain linkages with the international senior citizen or senior citizen-serving institutions or organizations and counterpart government agencies of other states.

6. Constitute and convene, when necessary, an advisory body to be composed of such representatives from the government, non-government organizations, civil society, and the private sector, as the Commission may deem appropriate, to assist it in the performance of its functions. The advisory body shall consist of the members enumerated under Rule 7 of these Implementing Rules and Regulations.

7. Develop appropriate mechanisms and procedures for the selection and nomination of the members of the Commission for appointment by the President; and perform such other actions and functions for the promotion of the welfare of senior citizens, as may be directed by the President.

8. Promulgate rules and regulations and any policies related to or affecting senior citizens covering but not limited to the following:

a. Apportionment of regions for purposes of convenience in the administration and assignment of oversight or monitoring functions by Commissioners.

b. Institution of an accreditation system for new and existing senior citizen groups and associations, such as the FSCAP, including NGOs and institutions that provide welfare, support service, and assistance to senior citizens.

c. Supervision of the operation of residential care facilities for senior citizens, adopt rules for accrediting, licensing and regulating residential care facilities of other entities; and recommend policies, programs and projects for the effective and efficient administration and operation of such facilities.

9. Perform such other actions and functions as may be directed by the President for the promotion of the welfare of senior citizens.

RULE 6

The Commission and Its Offices

SECTION 1. Organizational Structure. — Subject to the approval of the Department of Budget and Management (DBM), the Commission shall determine its organizational structure and staffing pattern, create offices, divisions, or units as it may deem necessary, and appoint its officers and employees in accordance with civil service laws, rules and regulations. The Commission shall be composed of the offices of the Commission, the Chairperson and Chief Executive Officer, the Commissioners, the Executive Director, their immediate staff, Regional Offices, Provincial Offices, Field Offices and Sub-offices, Special Concerns and Frontline Units.

The remuneration structure for the positions in the staffing pattern shall strictly conform to Republic Act No. 6758, otherwise known as the "Compensation and Classification Act of 1989," as amended.

SECTION 2. The Chairperson. — The Chairperson is the Chief Executive Officer and the Presiding Officer of the Commission. The powers and duties of the Chairperson shall:

a. Act as the presiding officer of the Commission and shall convene special meetings thereof when urgent matters so require;

b. Maintain order and decorum during the session;

c. Exercise general administration and supervision of the Commission;

d. Undertake such other measures that may be deemed proper upon consultation with the other members of the Commission; and

e. Perform such other activities which are necessary for the effective exercise of the powers, functions and responsibilities of the Commission.

SECTION 3. The Commissioners. — The six (6) Commissioners shall represent the different geographical regions of the Philippines and shall hold office in their respective regions.

The Commission shall have oversight functions over offices of the Commission in their respective regions to which they are assigned.

The Commissioners shall assist the Chairperson in the performance of the mandate and functions of the Commission as may be assigned or delegated by the Chairperson.

In no case shall the Commissioners appoint representatives to act on their behalf during en banc sessions of the Commission.

SECTION 4. Executive Director. — The Commission shall appoint an Executive Director who shall be responsible for implementing the policies, rules, regulations and directives of the Commission; the management of the Commission's daily operations; and for coordinating and supervising the activities of the different offices, divisions, and units of the Commission.

The Executive Director shall, be a Career Executive Service Officer and shall have at least five (5) years of relevant experience in any of the following fields: law; economics; commerce; management; social services; or finance.

SECTION 5. Other Offices in the Commission. — The Commission shall establish offices subject to an organizational structure and staffing pattern approved by the DBM calculated to handle the mandate and objectives of the Commission for the purpose of recognizing and enhancing the senior citizen's role in nation-building, ensuring the protection and enforcement of their rights and privileges and promoting their wellness and welfare.

SECTION 6. Fiduciary Duties of the Members of the Commission. —

a. Act with utmost and undivided fidelity to the Commission to avoid any conflict of interests that may arise;

b. Act with complete honesty, good faith and transparency with all their dealings with the Commission;

c. Declare any interest they or their relatives within the first degree of consanguinity or affinity may have in any particular matter before the Commission;

d. Not to acquire an interest adverse to, or in conflict with the Commission that shall result in gaining profits or benefits for themselves, pecuniary or otherwise;

e. Exercise extraordinary diligence in performing their functions as member of the Commission to avoid causing prejudice to others;

f. Act at all times in accordance with the mandate of the Commission to promote the welfare of senior citizens.

RULE 7

Creation of the Advisory Body

SECTION 1. Creation of the Advisory Body. — The Commission shall constitute and convene an advisory body to be composed of representatives from government agencies, non-government organizations, civil society and the private sector. The advisory body shall assist the Commission in the performance of its functions, such as giving comments, inputs, or recommendations on the plans, policies, programs, projects, and services.

SECTION 2. Composition of the Advisory Body. — A national advisory body shall be presided by the Chairperson of the Commission. The members of the Advisory Body shall be composed of the following:

a. As ex-officio members who may, however, designate their respective representatives:

(a.1) Office of the Executive Secretary;

(a.2) Secretary of the Department of Agriculture (DA);

(a.3) Secretary of the Department of Agrarian Reform (DAR);

(a.4) Secretary of the Department of Budget and Management (DBM);

(a.5) Secretary of the Department of Education (DepEd);

(a.6) Secretary of the Department of Environment and Natural Resources (DENR);

(a.7) Secretary of the Department of Information and Communications Technology (DICT);

(a.8) Secretary of the Department of the Interior and Local Government (DILG);

(a.9) Secretary of the Department of Health (DOH);

(a.10) Secretary of the Department of Human Settlements and Urban Development (DHSUD);

(a.11) Secretary of the Department of Justice (DOJ);

(a.12) Secretary of the Department of Labor and Employment (DOLE);

(a.13) Secretary of the Department of Science and Technology (DOST);

(a.14) Secretary of the Department of Public Works and Highways (DPWH);

(a.15) Secretary of the Department of Social Welfare and Development (DSWD);

(a.16) Secretary of the Department of Trade and Industry (DTI);

(a.16) n Secretary of the Department of Housing and Urban Development (HUD);

(a.17) Secretary of the National Economic and Development Authority (NEDA).

b. The Commission shall also include other agencies as additional members:

(b.1) The Chair of the appropriate Committee in the Senate or his/her designates;

(b.2) The Chair of the Committee of Senior Citizen in the House of Representatives or his/her designates;

(b.3) The nominee/member from the Party List representative/s in the House of Representatives representing the senior citizen sector;

(b.4) The Head of the office in charge of Senior Citizens programs and concerns in the Bangsamoro Autonomous Region in Muslim Mindanao or, in the absence of such an official, the latter's Minister of Social Service;

(b.5) Duly designated representatives of the League of Provinces, the League of Cities, the League of Municipalities, and the Liga ng mga Barangay;

(b.6) Other relevant offices such as fund agencies, including PhilHealth, SSS, GSIS, AFP retirement fund, and PNP retirement fund, as well as OWWA, POEA, PRA, BFAR, PSA, TESDA, NHA, CHED, NAPC including NAPC Senior Citizen Sectoral Council, POPCOM, PAO, Philippine Commission on Women — and other agencies and institutions in government;

(b.7) Three (3) representatives from accredited non-government organizations or associations of senior citizens, civil society, and the private sector.

In accordance with Section 7 (f) of RA 11350, the Commission may include other agencies, institutions, NGOs, CSOs, and other private sector representatives in the Advisory Body whenever it may deem necessary.

The Commission may seek advice from competent International Organizations (IOs) in the formulation of plans, policies, programs, and projects, such as the PPASC.

SECTION 3. The Advisory Body. — The Advisory Body may be constituted and convened, when necessary, as the Commission may deem appropriate to assist in the performance of its functions. It shall be organized on the basis of the sub-groupings of functional clusters catering to different areas of concern.

SECTION 4. Meetings of the Advisory Body. — The Advisory Body shall meet at least once a year, unless otherwise agreed by the Commission. The Commission may also convene special meetings with the advisory body when urgent matters so require.

RULE 8

Records, Reports and Monitoring

SECTION 1. Records of the Operations of the Commission, the Funds of the Commission and All Accounts/Disbursements. — The Commission shall keep records of the operations and funds of the Commission and their disbursements and expenditures for purposes of transparency and accountability.

SECTION 2. Annual Report of the Operations of the Commission. — It shall be incumbent upon the Commissioners and the Executive Director to prepare and submit an Annual Report every January of each year to the Office of the President and to Congress.

SECTION 3. Publication of Annual Report of the Commission. — The Commission shall also publish, in its website or any medium that the Commission may deem appropriate in compliance with transparency and accountability requirements, annual reports of the status of the operations, projects, and other relevant activities.

SECTION 4. Monitoring. — The Commission shall monitor the implementation of this IRR to ensure that senior citizens may enjoy all the benefits and privileges granted to them by law.

The Commission shall develop an efficient monitoring scheme to ensure that it is well-apprised of the status as well as the progress of all the programs, including social, educational and economic opportunities that are currently being enforced to improve the welfare of the senior citizens.

RULE 9

Abolition of the National Coordinating and Monitoring Board

SECTION 1. Abolition of the National Coordinating and Monitoring Board. — The National Coordinating and Monitoring Board (NCMB) created by virtue of Republic Act No. 9994, otherwise known as Expanded Senior Citizens Act of 2010, is hereby abolished.

RULE 10

Transfer of Function from the Department of Social Welfare and Development to the Commission

SECTION 1. Transfer of Functions from the Department of Social Welfare and Development (DSWD) to the National Commission of Senior Citizens (NCSC). — All functions, programs, projects and activities which are being undertaken by DSWD for the formulation, implementation, and coordination of social welfare and development (SWD) policies and programs for the senior citizens shall be transferred to the Commission.

SECTION 2. Use of Appropriations for Senior Citizens. — All appropriations allocated to the DSWD for the implementation of programs, projects, and activities, for senior citizens shall be made available to the Commission, subject to existing budgeting, accounting, and auditing rules and regulations.

SECTION 3. Accredited SCA. — All records of accredited Senior Citizens Associations/Organizations with DSWD shall be transferred to the NCSC. The NCSC shall conduct the validation process of all accredited Senior Citizens Associations/Organizations.

SECTION 4. Programs to be Transferred. — The following programs of the DSWD shall be transferred to the NCSC in accordance with the transitory provisions provided in this IRR, to wit:

a. Centenarian Gift;

b. Residential Care Facilities;

c. Social Pension Program for Indigent Senior Citizens (SPPISC); and

d. Assistance to Older Persons with Disabilities;

e. Other programs for senior citizens.

RULE 11

Miscellaneous Provisions

SECTION 1. Absorption or Transfer of Regular, Permanent, and Other Employees. — Subject to the approval of DBM, the absorption or transfer of regular or permanent and other employees of the affected offices and programs of the DSWD in the new organizational structure and staffing pattern of the Commission, the provisions of R.A. 6656 (an Act to Protect the Security of Tenure of Government Employees), Civil Service Law and other related laws shall be observed. Provided, however, said personnel must possess the necessary qualifications, in order not to suffer any loss of seniority or rank or decrease in emoluments.

SECTION 2. Appropriations. — The amount necessary to fund the implementation of this Act shall be included in the annual General Appropriations Act.

SECTION 3. Applicability of the Civil Service Laws. — The hiring, appointment, employment, promotion, disciplinary control, separation and other terms and conditions of the service of all officials and employees of the Commission and such other matters affecting its officials and employees shall be consistent with the provisions of the Civil Service law, rules and regulations, including those adopted or promulgated by the Career Executive Service Board, if applicable.

SECTION 4. Government Service Insurance System Coverage for Employees. — All approved plantilla positions of the DBM whether permanent, coterminous, or contractual shall be deemed members of the GSIS and shall enjoy all the benefits of the said System as well as other government agencies that are mandated to protect and ensure the benefits and privileges available to officials and employees similarly situated.

RULE 12

Transitory Provision

SECTION 1. Implementing Rules and Regulations. — The Commission, after due consultation with the DBM, DSWD, DILG, League of Cities of the Philippines, League of Municipalities of the Philippines, and other stakeholders, shall promulgate the rules and regulations for the effective implementation of this Act, within one hundred eighty (180) days from its effectivity.

SECTION 2. Modifications. — In the implementation of this IRR, the Commission may introduce modifications thereto through the amendment of its specific provisions as the need arises and in accordance with RA 11350.

RULE 13

Final Provisions

SECTION 1. Effectivity. — These Rules shall take effect fifteen (15) days after its publication in the Official Gazette or in a newspaper of general circulation.

SECTION 2. Separability Clause. — If, for any reason, any part or provision of this IRR is declared invalid or unconstitutional, the other provisions not affected thereby shall remain in full force and effect.

SECTION 3. Repealing Clause. — In accordance with Section 15 of RA 11350, all laws, presidential decrees, executive orders, circulars, orders, memoranda and resolutions, or parts thereof, that are inconsistent with the provisions of these Rules, are hereby repealed or modified accordingly.

(SGD.) DR. IDA YAP-PATRONCommissioner

(SGD.) DR. GLORIA JUMAMIL-MERCADOCommissioner

(SGD.) EDWIN G. ESPEJOCommissioner

(SGD.) ATTY. FRANKLIN M. QUIJANOChairperson and Chief Executive Officer

 

Published in the Official Gazette, Vol. 117, No. 40, p. 9737 on October 4, 2021.

n Note from the Publisher: Copied verbatim from the official document. Irregular numerical sequence.