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EIGHTEENTH CONGRESS OF THE ) % RON
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SENATE (43 pare MARCH24 2021 7

S.B.No, 2112 \ TIME: —Pae2 A
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BILLS\o/ INDEX
INTRODUCED BY SENATOR RISA HONTIVEROS

AN ACT
PROMOTING THE RIGHTS OF AND PROVIDING GREATER PROTECTIONS TO
DESERTED OR ABANDONED CHILDREN WITH UNKNOWN PARENTS,
AMENDING FOR THIS PURPOSE ARTICLES 276 AND 277 OF THE REVISED
PENAL CODE AND SPECIAL LAWS, RECOGNIZING THEIR STATUS AS NATURAL-
BORN CITIZENS OF THE PHILIPPINES, PROVIDING PENALTIES AGAINST ACTS
INIMICAL TO THEIR WELFARE, AND FOR OTHER PURPOSES

EXPLANATORY NOTE

It Is the duty of the State to protect all children from abuse, neglect, exploitation
and to ensure that their welfare and development are taken into account and made
priorities in policymaking. But there is a particular class of children that demand special
protections in light of their unique vulnerabilities - neglected and abandoned children.
Under current law, not only are they deprived of the love and nurturing environment of
a family, but their citizenship may also be called into question and may remain to be
stateless unless they undergo naturalization proceedings. Their legitimacy also remains
in limbo unless they are adopted in accordance with law. A whole array of rights and
protections under our laws is denied to them, through no fault of theirs.

This measure seeks to fill that gap by stating with clarity that foundlings on
Philippine territory are considered Filipino citizens from the time of their birth, and they
are also considered legitimate children of their founders, provided that the parent-child
relationship Is evident.

Further, this measure also aims to address situations of abandonment of infants
in unsafe and unsanitary places and conditions, for fear of being criminally charged with
infant abandonment. It provides parents, especially women, with the option to relinquish
their children properly and safely to proper authorities so that they might find their way
to parents who can better provide for their safety and well-being.

The immediate passage of this law is earnestly sought.

elittbect—
RISA HONTIVERO:


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EIGHTEENTH CONGRESS OF THE )

REPUBLIC OF THE PHILIPPINES )
Second Regular Session )
SENATE

S.B.No._ 2112.

INTRODUCED BY SENATOR RISA HONTIVEROS

AN ACT

PROMOTING THE RIGHTS OF AND PROVIDING GREATER PROTECTIONS TO
DESERTED OR ABANDONED CHILDREN WITH UNKNOWN PARENTS,
AMENDING FOR THIS PURPOSE ARTICLES 276 AND 277 OF THE REVISED
PENAL CODE AND SPECIAL LAWS, RECOGNIZING THEIR STATUS AS NATURAL-
BORN CITIZENS OF THE PHILIPPINES, PROVIDING PENALTIES AGAINST ACTS
INIMICAL TO THEIR WELFARE, AND FOR OTHER PURPOSES

Be it enacted by the Senate and the House of Representatives of the Philippines in

Congress Assembled:

Section 1. This Act shall be entitled as the "Foundling Recognition and Protection
Act”.

Sec. 2. Declaration of Policy. - The State shall uphold the best interests of the
child, including and especially the child with distinct vulnerabilities, such as the neglected
and abandoned. It shall protect any child with unknown parents by ensuring a natural-
born citizen status consistent with our Constitution, the United Nations Convention on the
Rights of the Child and other relevant instruments, and the generally accepted principles
of international law.

Sec. 3. Definition of foundling. - & foundling refers to a deserted or abandoned
child of unknown parentage and whose date or circumstances of birth on Philippine
territory are unknown and undocumented.

Sec. 4. Citizenship status of a foundling. - A foundling is a natural-born Filipino
citizen regardless of the status or circumstances of birth. As a natural-born citizen of the
Philippines, a foundling Is accorded with rights and protection at the moment of birth
equivalent to those belonging to such class of citizens whose citizenship does not need
perfection or any further act. The natural-born status of a foundling may not be impugned
in any proceeding unless substantial proof of foreign parentage Is shown. The natural-
born status of a foundling shall not also be affected by the fact that the birth certificate
was simulated, or that there was absence of a legal adoption process, or that there was
Inaction or delay in reporting, documenting, or registering a foundling.



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Sec. 5, Status of legitimacy. - For all legal intents and purposes, a foundling shall
be recognized as the legitimate child of the founder from the time of his birth, provided
that the foundling has lived with and depended on the founder until the founding reaches
the age of majority; and provided further that the founder and foundling have conducted
themselves as, and made known themselves to be, parent/s and child in their community.
If the founder is married at the time the foundling was discovered, the foundling shall be
considered the legitimate child of the founder and his spouse.

Sec. 6. Safe haven, - Notwithstanding Articles 276 and 277 of the Revised Penal
Code and Republic Act No. 7610, any parent who relinquishes an infant thirty days old
‘and younger to the following persons or entities shall be exempt from criminal liability:

(a)A licensed child-caring agency

(b)A licensed child-placing agency

(©) A church

(d) A medical staff member at a licensed government and private hospital; and

(e) Any other person that shall be designated as a safe haven provider by the
Secretary of Social Welfare and Development under the implementing rules
and regulations of this Act.

Sec. 7. Duties and responsibilities of the safe haven provider. -"The safe haven
provider shall act appropriately to take care of the infant; inform the parent that the
parent may, but is not required to answer questions regarding the identity and medical
history of the infant; confirm that the parent wishes to permanently relinquish their
parental rights and release the Infant for adoption; and within forty eight (48) hours
inform the nearest office of the Department of Social Welfare and Development.

Sec. 8, Immunity for the safe haven provider. ~A safe haven provider who receives
an infant pursuant to this Act shall not be liable for any civil damages for any act or
omission done in maintaining custody of the infant, provided that the safe haven provider
acts in good faith without gross negligence.

Sec. 9. Retroactive application. - This Act shall have retroactive effect for any
foundling insofar as it does not prejudice or impair vested or acquired rights pursuant to
existing laws.

Sec. 10. Zmplementing rules and regulations, - Within ninety (90) days from the
approval of this Act, the Secretary of Social Welfare and Development shall, in
consultation with the Secretary of Justice, Secretary of the Interior and Local

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Government, Philippine Statistics Authority, Council for the Welfare of Children (CWC)
and two (2) representatives from child-caring agencies catering to abandoned children
and foundlings, formulate the rules and regulations to implement this Act.

Sec. 11. Repealing Clause. - All other laws, decrees, executive orders, issuances,
rules and regulations, or part thereof inconsistent with this Act are hereby likewise
repealed or amended accordingly.

Sec. 12. Separability Clause. — If, for any reason, any section or provisions of this
Act is declared unconstitutional or invalid, the other sections or provisions not affected
thereby shall remain in full force and effect.

Sec. 13. Effectivity Clause. ~ This Act shall take effect after fifteen (15) days upon
publication in at least two (2) newspapers of general circulation.

Approved,