13'" CONGRESS OF THE 
1 
REPUBLIC OF THE PHILIPPINES ) 
SECOND REGULAR SESSION 
) 
S E N A T E  
Senate Bill No. 2173 
~~ 
Introduced by Senator Aquilino Q. Pimentel, Jr. 
EXPLANATORY NOTE 
The State recognizes the sanctity of family life and shall protect aiicl strengthen 
tlie family as a basic autoiioinous social institution. It is therefore a policy oi' the State to 
provide alternative protection and assistance through foster care or adoption for every 
child who is neglected, orphaned or abandoned. However, present legislation,preveiits the 
early placement of these categories of children for adoption. 
Presidential Decree No. 603, otherwise luiown as the Child aid Youth Welfare, 
mandates that tlie declaration of abaidonment of children shall be secured dy virtue of a 
judicial order. This judicial proceeding, though summary in nature, talces B substantial 
amount of time aiid suffers in tlie order of priority of court dockets. 
This bill seelcs to transfer the resolution of Declaration of Abandon&nt cases to 
tlie Depaitinent of Social Welfare and Development, changing the nitnre of this 
proceeding to a qnasi-judicial one. Further, the certification to be issued by the 
Department of Social Welfare aid Development declaring the adoptee legdlly available 
for adopliou shall be a prerequisite to all adoption proceedings, domestic and iiiter- 
country alike. Lastly, it aims to shorten the six (6) month period defiiied in tlie Child aid 
Youth Welfare Code before the child may be considered abandoned to three (3) months. 
In recognition of tlie urgent need to revise existing legislation to 'facilitate the 
alteriiative family placeinelit of abandoiied children, immediate passage of this bill is 
eariiestly sought. 
AQUILINO Q. PIMENTEL, JR. 


13“’ CONGRESS OF THE 
1 
REPUBLIC OF THE PHILIPPNES ) 
SECOND REGULAR SESSION 
) 
~ 
~~~ 
Introduced by Senator Aquilino Q. Pimentel, Jr. 
AN ACT REQUIRING CERTIFICATION OF THE DEPARTMENT OF :SOCIAL 
WELFARE AND DEVELOPMENT (DSWD) TO DECLARE A TX-IILD JLEGALLY 
AVAILABLE FOR ADOPTION” AS A PREREQUISITE FOR ADO~TION 
PROCEEDINGS, AMENDING FOR THIS PURPOSE CERTAIN PROVISIONS OF 
REPUBLIC ACT NO. 8552, OTHERWISE KNOWN AS THE DOMESTIC 
ADOPTION ACT OF 1998, REPUBLIC ACT NO. 8043, OTHERWISE KNOWN AS 
OTHERWISE KNOWN AS THE CHILD AND YOUTH WELFARE CODE, AND 
OTHER PURPOSES 
Be it enacted by the Senate and the House of Representatives of the Piilippines in 
C o n p s s  assenzbled: 
TIHE INTER-COUNTRY ADOPTION CODE, PRESIDENTIAL DECREE NO. 603, 
Section 1. Declaration of Policy. - It is hereby declared the policy ‘of the State 
that alternative protection and assistance shall be afforded to every child who is 
abaiidoned. In this regard, the State shall extend such assistance in the  most^ expeditious 
manner in the interest of full emotional and social development of the abandohed child. 
Section 2. Dejhinition of Terms. ~ 
As used in this Act, the following, terms shall 
mean: 
(1) “Department of Social Welfare and Development”, DSWD for bievity, is the 
agency charged to implement the provisions of this Act and shall Gave the sole 
authority to issue the certification declaring a child legally akailable for 
adoption. 
(2) “Child” refers to a person below eighteen (1 8) years of age. 
(3) “Abandoned Child” refers to a child who has no proper parental care or 
guardianship, or whose parent(s) has deserted him or her for a period of at 
least three (3) continuous months. 
(4) “Child Legally Available for Adoption” refers to a child in whose favor a 
certification was issued by the DSWD that he/she is legally abailable for 
adoption after the fact of abandonment has been proved through submission of 
pertinent documents, or one who was voluntarily committed ~ by his/her 
parent(s). 
(5) “Voluntarily Committed Child” is a child whose parent(s) knowingly aid 
willingly relinquishes parental authority to the DSWD 
(6) “Child caring agency or institution” is one that provides twenty-four hour 
resident group care service for the physical, mental, social and spiritual well- 
being of nine or more mentally gifted, dependent, abandoned, neglected, 
handicapped or disturbed children, or youthful offenders; 
(7) “C.:hild placing agency or institution” is an institution or person as,suining the 
care, custody, protection and maintenance of children for placenient in any 
child-caring institution or home, or under the care and custody of’any person 
or persons for purposes of adoption, guardianship or foster care. The relatives 


of such child or children within the sixth degree of consanguinitv or affinity 
are excluded from this definition; 
! 
(8) “Petitioner” refers to any child caring agency or institution or child placing 
agency or institution which shall have in its custody an abandone’d child who 
files a petition for certification to declare such child legally available for 
adoption, or if the child is under the custody of any other person) the agency 
or institution does so with consent of the child’s custodian. 
Section 3. Petition. - The petition shall be in the form of an affidavit, subscribed 
and sworn to before any person authorized by law to administer oaths. It shall contain 
facts necessary to establish the merits of the petition and shall state the cibmstances 
surrounding the abandonment of the child. 
The petition shall be supported by the following documents: 
Case study made by the DSWD, licensed and accredited ‘child caring 
agency or child placement agency charged with the custody of the 
child; 
Proof that efforts were made to locate the parent(s) or !any known 
relatives. Any two of the following shall be considered sufficient: 
(1) 
(2) 
(a) Written certification from a radio or television station that the case was 
aired on thee (3) different occasions; 
(b) Publication in two (2) newspapers of general circulation; and 
(c) Returned registered mail to the last known address of the parent(s) or 
known relatives; 
(3) 
Birth certificate/ foundling certificate; 
(4) 
Tlie petition shall be filed in the regional office of the DS WD where the child was 
Recent Photograph of the Child; 
found or abandoned. 
The regional director shall examine the petition and its supporting ~doc~unents. 
IHe/she shall post the petition in a conspicuous place for ten (1 0) consecutive days after 
he/slie finds the petition and its supporting documents sufficient in form and substance. 
Heishe shall act on the same and shall render a decision not later tlian five (5) 
worlcing days after the completion of its posting or publication. Heishe shall transmit a 
copy of his/lier decision and records to the Office of the Secretary of the DS’WD within 
five (5) working days froin the date of the decision. 
Tlie Secretary shall review the petition and the supporting documients. Upon 
finding merit in the petition, he/she shall issue a certification declaring the child legally 
available for adoption within ten (10) days froin receipt of the decision. 
The decision of the Secretary shall be appealable to the regular courts, 
Section 4. Voluntary Commitment. - In the case of voluntary commitment as 
contemplated in Article 154 of Presidential Decree No. 603, the certification declaring 
the child legally available for adoption shall be issued by the Secretary within tl~ree (3) 
months following the filing of the Deed of Voluntary Commitment, as sigiled by tlxe 
parent(s), with the DSWD. 


Any petition for restoration of parental authority may be filed by b e  parent(s) 
within three (3) months after the filing thereof, with the DSWD. 
Section 5. CeriiJication. - The certification that a child is legally available for 
adoption shall be issued by the DSWD in lieu of a judicial order, maltiiig the entire 
process administrative in nature. 
The certification issued by the DSWD shall be considered a prerequisite in all 
adoplion proceedings. For all intents and purposes, it shall be primary evidence that the 
child is legally available in a domestic adoption proceeding, as provided in Republic Act 
No. 8552 and in an inter-country adoption proceeding, as provided in Republic Act No. 
8043. 
Section 6. Payment of Fees. -- The DSWD shall be authorizep to collect 
reasonable fees as a condition for accepting the petition. An indigent petitioner shall be 
exempt from the payment of the said fee. 
Section 7. Implementing Rules and Regulations. - The DSWD, together with the 
Council for the Welfare of Children, National Statistics Office, and two private 
individuals representing child placing and child caring agencies and institutions, is hereby 
tasked to draft the implementing rules and regulations of this Act within sixty (60) days 
following its complete publication. 
Section 7. Penally. - The penalty of one hundred thousand pesos (~lOO,OOO.OO) 
shall be imposed on any person, institution or agency who shall place out a child for 
adoption or any forin of alternative home placement without the certification that the 
child is legally available for adoption issued by the DSWD. 
Section 8. Repealing Clause. - Sections 2(c)(iii), 3(b),(d),(e) and 8(a) of Republic 
Act No. 8552, Section 3(f) of Republic Act No. 8043, Title VU, Chapter 1 of Presidential 
Decree No. 603 and any law, presidential decree, executive order, letter of instruction, 
administrative order, rule or regulation contrary to or inconsistent with the provisions of 
this Act are hereby repealed, modified or amended accordingly. 
Section 9. Separability Clause. - If any provision of this Act is heid invalid or 
uncoastitutioiial, the other provisions not affected thereby shall remain valid and 
subsisting. 
Section 1 1. ESfectivity. -This Act shall talce effect fifteen (1 5) days following its 
coniplete publication in two (2) newspapers of general circulation or in 'the Official 
Gazette. 
Approved