SIXTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
Second Regular Session 
) 
) 
) 
SENATE 
Senate Bill No. 
2745 
Introduced by Senator FRANCIS G. ESCUDERO 
AN ACT 
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'15 
MAY -4 P 4 :52 
RECOGNIZING AND STRENGTHENING ALTERNATIVE CARE OF CHILDREN, 
PROVIDING INCENTIVES TO AGENCIES PROVIDING THE SAME 
EXPLANATORY NOTE 
The Constitution explicitly provides that the State shall defend, among others: 
"The right of children to assistance, including proper care and nutrition, and special 
protection from all forms of neglect, abuse, cruelty, exploitation and other conditions prejudicial 
to their development;1" 
In consonance with this constitutional mandate, this bill intends to 
institutionalize alternative family care for children as an option other than adoption and 
foster family care. 
Bearing in mind the subsisting gap, it is submitted that alternative family care for 
children can address the issues confronting adoption and foster care by creating foster 
homes of a new kind, which can be made to adapt depending on every child's needs. 
Moreover, the creation of such home where a caring family thrives, children will be able 
to feel an actual sense of security and belonging. 
With the creation of an institution to be named as Alternative Care Agency, 
together with the Department of Social Welfare and Development, the plight of 
neglected and abandoned children will be likewise significantly addressed. 
Finally, a measure of similar import has already been filed in the House of 
Representatives.2 
Respectfully submitted. 
FRANCIS G. ESCUDERO 
1 Section 3, paragraph 2, Article XV. 
2 House Bill No. 4855 by Reps. Acosta-Alba, Nograles and Sarmiento 


SIXTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
Second Regular Session 
) 
) 
) 
SENATE 
Senate Bill No. _2_7_4_5_ 
Introduced by Senator FRANCIS G. ESCUDERO 
AN ACT 
'15 
MAY -4 P 4 :52 
RECOGNIZING AND STRENGTHENING ALTERNATIVE CARE OF CHILDREN, 
PROVIDING INCENTIVES TO AGENCIES PROVIDING THE SAME 
Be it enacted by the Senate and House of Representatives of the Philippines in Congress 
assembled: 
1 
Section 1. Short Title. - This Act shall be known as the "Alternative Care of 
2 
Children Act." 
3 
Section 2. Declaration of Principles and State Policies. - The State shall defend 
4 
the right of children to assistance, including proper care and nutrition, and special 
5 
protection from all forms of neglect, abuse, cruelty, exploitation or other conditions 
6 
prejudicial to their development. It shall provide every child who is neglected, abused, 
7 
surrendered, dependent, abandoned, under sociocultural difficulties, with an 
8 
alternative family that will provide love and care as well as opportunities for growth 
9 
and development. 
10 
Further, the State shall guarantee that all the rights of the child enumerated 
11 
under Article 3 of Presidential Decree No. 603, otherwise known as "The Child and 
12 
Youth Welfare Code", as amended, and the rights found under Article 20 of the United 
13 
Nations Convention on the Rights of the Child shall be observed. 
14 
Finally, the State recognizes that aside from adoption and foster care, alternative 
15 
child care shall be established in compliance to UN Guidelines on Alternative Care for 
16 
Children that will promote the child's growth and development, and at the same time 
17 
provide the biological family with the opportunity to continue its involvement in child 
18 
rearing. 
19 
Towards this end, the State shall provide every child who is neglected, abused, 
20 
surrendered, dependent, abandoned, under socio-cultural difficulties, whose biological 
21 
family cannot provide basic necessities, or with special needs with alternative family 
22 
care that will provide love and care as well as opportunities for growth and 
23 
development, without unduly severing the bonds of the child and the biological family. 
24 
The State shall also protect the child's right to health. 
1 


1 
Section 3. Definition of terms. - For purposes of this Act, the following terms are 
2 
defined: 
3 
(a) Alternative Care of Children (ACC) refers to the provision of planned temporary 
4 
substitute parental care to a child by an Agency pursuant to Section 4 of this Act and as 
5 
may be defined by its implementing rules and regulations. 
6 
(b) Alternative Care Agency (ACA) - refers to a child-caring or child-placing 
7 
institution licensed and accredited by the Department of Social Welfare and 
8 
Development (DSWD) to provide alternative care in coordination with the host Local 
9 
Government Unit pursuant to Chapter IV Section 34 of RA 7160. 
10 
(c) Alternative Care License (license) refers to the document issued by the DSWD 
11 
authorizing an agency to provide alternative care. 
12 
(d) Child refers to a person below eighteen (18) years of age, or one who is over 
13 
eighteen (18) but is unable to fully take care of or protect oneself from abuse, neglect, 
14 
cruelty, exploitation or discrimination because of a physical or mental disability or 
15 
condition. 
16 
(e) Family refers to the parents or brothers and sisters, whether of the full or half-
17 
blood, of the child. 
18 
(f) Parent refers to the biological or adoptive parent or legal guardian of a child. 
19 
Section 4. Guiding Principles of ACC - ACC shall be gUided by the following: 
20 
(a) All decisions concerning alternative care should take full account of the 
21 
desirability, in principle, of maintaining the child as close as possible to his/her habitual 
22 
place of residence, in order to facilitate contact and potential reintegration with his/her 
23 
family and to minimized disruption of his/her educational, cultural, and social life. 
24 
(b) Decisions regarding children in alternative care, including those in informal 
25 
care, should have due regard for the importance of ensuring children a family-based 
26 
care, group foster care and of meeting their basic need for safe and long-term 
27 
relationships to their caregivers, with permanency generally being a key goal. 
28 
(c) Children must be treated with dignity and respect at all times and must 
29 
benefit from effective protection from abuse, neglect, and all forms of exploitation, 
30 
whether on the part of care providers, peers or third parties, in whatever care setting 
31 
they may find themselves. 
32 
(d) Siblings with existing bonds should in principle not be separated from 
33 
placements in alternative care unless there is a clear risk of abuse or other justification 
34 
in the best interest of the child. In any case, every effort should be made to enable 
35 
siblings to grow together, maintain contact with each other unless this is against their 
36 
wishes or interests. 
37 
(e) Provisions of alternative care should never be undertaken with a prime 
38 
purpose of furthering the political, religious, or economic goals of the providers. 
39 
(f) Such other principles in accordance with the UN Convention on the Rights of 
40 
the Child. 
2 


1 
Section 5. Purposes. - The purposes of an ACA shall be as follow: 
2 
(a) To cooperate with public authorities in providing alternative care to 
3 
abandoned, dependent, and neglected children as defined in Presidential Decree No. 
4 
603 and Republic Act No. 7610; 
5 
(b) To support efforts to keep children in, or return them to the care of their 
6 
family or, failing this, to find another appropriate and permanent solution; 
7 
(c) To ensure that, while such permanent solutions are being sought or in cases 
8 
where they are not possible or are not in the best interest of the child, the most suitable 
9 
forms of alternative care are identified and proVided under conditions that promote the 
10 
child's full and harmonious development; 
11 
(d) To assist the Government to better implement their responsibilities and 
12 
obligations in these respects, bearing in mind the economic, social, and cultural 
13 
conditions; 
14 
(e) To guide policies, decisions, and activities of all concerned with the social 
15 
protection and child welfare in both the public and the private sectors, including the 
16 
civil society. 
17 
(f) Such other purposes to attain the guidelines and principles of the UN 
18 
Convention on the Rights of the Child and local statutes. 
19 
Section 6. Parental Authority of an ACA. - ACAs shall be in loco parentis, 
20 
exercising the rights, duties and liabilities of persons exercising substitute parental 
21 
authority over the children under their foster care, as may be provided for by Executive 
22 
Order No. 209, series of 1987 ("Family Code of the Philippines"), Provided, that ACAs 
23 
shall only have the rights of a person with special parental authority to discipline the 
24 
children under their care and protection as defined under Section 233 of the Family 
25 
Code, insofar as it prohibits the infliction of corporal punishment upon the child. 
26 
Section 7. Privileges. - To allow it to fully realize its mandate, an accredited ACA 
27 
shall: 
28 
(a) Enter into agreements with public authorities, and accept provisions for the 
29 
cost of any service or activity which may be entrusted to it, within the scope of its object 
30 
and functions, pursuant to such agreements; 
31 
(b) Own and hold real and personal properties and accept bequests, donations 
32 
and contributions of property of all classes; 
33 
(c) Any donation, contribution, bequest, and grant which may be made to the 
34 
agency shall be exempt from donor's tax and the same shall be considered as allowable 
35 
deduction from the gross income of the donor, in accordance with the prOVisions of the 
36 
National Internal Revenue Code, as amended, provided, that such agency are 
37 
accredited NGO pursuant to Executive Order No. 720, series of 2008; 
38 
Finally, the agency shall be exempt from the payment of real property taxes on 
39 
all real properties owned by it. 
3 


1 
Section 8. Who May Be Placed Under Alternative Care. - The following may be 
2 
placed in altenlative care: 
3 
(a) A child who is abandoned, surrendered, neglected, dependent or orphaned; 
4 
(b) A child who is a victim of sexual, physical, or any other form of abuse or 
5 
exploitation; 
6 
(c)A child with special needs; 
7 
(d) A child whose family members are temporarily or permanently unable or 
8 
unwilling to provide tl'le child with adequate care; 
9 
(e) A child who needs long-term care and close family ties but who cannot be 
10 
placed for domestic adoption; 
11 
(f) A child who is under socially difficult circumstances such as, but not limited 
12 
to, a street child, a child in armed conflict or a victim of child labor or trafficking; 
13 
(g) A child who committed a minor offence but is released on recognizance, or 
14 
who is in custody supervision or whose case is dismissed; and 
15 
(h) A child who is in need of special protection as assessed by a social worker, an 
16 
agency or the DSWD. 
17 
Section 9. Role of the Department of Social Welfare and Development (DSWD). 
18 
(a) Issuance of License. - The DSWD shall have the authority to accredit by issuing an 
19 
Alternative Care license based on the application by the agency to include stipulation of 
20 
its track record and to determine the motivations, capacities and potentials of said 
21 
agency. The license is renewable every three (3) years unless earlier revoked by the 
22 
DSWD. 
23 
(b) Periodic Review. - The DSWD shall review its existing alternative care 
24 
guidelines, align it to the UN Guidelines and domestic laws and conduct periodic 
25 
review on it. 
26 
Section 10. Role of Local Government Units (LGUs). - The host LGU, pursuant 
27 
to Section 108 of Republic Act No. 7160 ("Local Government Code"), shall accredit 
28 
alternative care agencies that are duly recognized by the DSWD in their locality. It shall 
29 
put in place monitoring mechanisms over these alternative care agencies. 
30 
The LGU, through its Local Social Welfare and Development Office, shall include 
31 
the provisions of this Act in the development of its plans and strategies, and upon 
32 
approval thereof by the governor or mayor, as the case may be, implement the same 
33 
particularly those which have to do with social welfare programs and projects which 
34 
the governor or mayor is empowered to implement and which the sanggunian is 
35 
empowered to provide for under the Local Government Code. 
36 
Section 11. Seminars and Trainings. - The DSWD, in coordination with the 
37 
Department of the Interior and Local Government (DILG), is hereby mandated to 
38 
develop and provide programs to ensure the awareness and responsiveness of local 
39 
government officials in tlle promotion and development of the alternative care system 
40 
in every city, municipality or barangay. 
4 


1 
Section 12. Unlawful Solicitation. - It shall be unlawful for any person to solicit, 
2 
collect or receive money, materials or property of any kind by falsely representing 
3 
himself to be a member, agent or representative of any alternative care agency. 
4 
Section 13. Penal Clause. - Any person, whether natural or juridical, violating 
5 
any section of this Act shall, upon conviction therefore, be liable to a fine of not less 
6 
than Fifty thousand pesos (P50,000.00) or imprisonment for a term not exceeding one (1) 
7 
year, or both, at the discretion of the court for each and every violation. In case the 
8 
violation is committed by a corporation or an association, the penalty shall devolve 
9 
upon the President, Director or any other officer responsible for such violation. 
10 
Section 14. Alternative Care of Children (ACC) Committee. - There is hereby 
11 
created an Alternative Care of Children Committee, chaired by the DSWD Secretary. 
12 
The secretaries, or duly appointed representatives of the Department of Health, 
13 
Department of Education, Department of the Interior and Local Government, Council 
14 
for the Welfare of Children, and the various local government leagues shall be members 
15 
thereof. 
16 
Section 15. Duties of the ACC Committee. - The ACC Committee shall primarily 
17 
monitor the implementation, review, and recommend changes in policies concerning 
18 
alternative family care and other matters related to the child's welfare. It shall submit to 
19 
the DSWD Secretary and to Congress an annual report of the policies, programs and 
20 
activities relative to the implementation of this Act, and recommendations for remedial 
21 
legislation to strengthen alternative family care. 
22 
Section 16. Implementing Rules and Regulations. - The DSWD, as lead agency, 
23 
the Department of Justice (DOT), the Department of Health (DOH), the Bureau of 
24 
Internal Revenue (BIR), the Council on Welfare of Children (CWC), the DILG, with 
25 
institutions presently providing alternative family care, the Leagues Provinces, Cities 
26 
and Municipalities, and Liga ng mga barangay, and other concerned government 
27 
agencies, in consultation with agencies are hereby mandated to prepare and draft the 
28 
IRR to operationalize the provisions of this Act within ninety (90) days from its 
29 
effectivity. 
30 
Section 17. Suppletory Clause. - The proviSions of Executive Order No. 209, 
31 
series of 1987, otherwise known as the Family Code of the Philippines and other 
32 
applicable laws, shall have suppletory application to this Act. 
33 
Section 18. Repealing Clause. - Any law, presidential decree, issuance, executive 
34 
order, letter of instruction, administrative order, rule and regulation contrary to or 
35 
inconsistent with the provisions of this Act is hereby repealed, modified or amended 
36 
accordingly. 
37 
Section 19. Separability Clause. - If any provision of this Act is held invalid or 
38 
unconstitutional, the other provisions not affected hereby shall remain valid and 
39 
subsisting. 
40 
Section 20. Effectivity. - This Act shall take effect fifteen (15) days after its 
41 
publication in two (2) newspapers of general circulation or in the Official Gazette. 
42 
Approved, 
5