SIXTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
Second Regular Session 
SENATE 
) 
) 
) 
S. B. No. 
2796 
Introduced by Senator Miriam Defensor Santiago 
AN ACT 
'j::; 
JUN -3 P3 :13 
AMENDING EXECUTIVE ORDER NO. 209, OTHERWISE KNOWN AS THE 
FAMILY CODE, BY INCLUDING PROVISIONS ON PERMANENT 
GUARDIANSHIP OVER MINORS WHO HAVE BEEN PLACED IN THE CARE OF 
SUITABLE RELATIVES AND THE CONDITIONS FOR ITS TERMINATION 
EXPLANATORY NOTE 
The Family Code, Article 216 enumerates those who may exercise 
substitute parental authority over a child: 
Art. 216. In default of parents or a judicially appointed guardian, the 
following persons shall exercise substitute parental authority over the child 
in the order indicated: 
(1) The surviving grandparent, as provided in Art. 214; 
(2) The oldest brother or sister, over twenty-one years of age, unless 
unfit or disqualified; and 
(3) The child's actual custodian, over twenty-one years of age, unless 
unfit or disqualified. 
Whenever the appointment or a judicial guardian over the property 
of the child becomes necessary, the same order of preference shall be 
observed. 
Under the current law, parental authority over children is vested upon parents or 
judicially appointed guardians and, if there are none, in the people enumerated under 
Article 216. In some cases, however, children without parents, judicially appointed 
guardians, grandparents or older siblings live with other relatives who, while being 
willing caregivers, may prefer not to legally adopt the children. Thus, remaining with a 
suitable relative on a permanent basis may not be recognized unless the concerned 
relative files for a petition for judicial guardianship or adoption. 


This bill seeks to enable children to remain in the caring home of a relative who 
has bonded and cared for the child, and for such relative to have all of the rights and 
benefits of a guardian or foster parent so that they can adequately provide for the child. 
The bill ensures that a child will not be removed solely because a relative chooses not to 
file for a petition for judicial guardianship or adoption. It promotes family life by making 
it easier for relatives who provide decent homes for family members but may not choose 
to adopt. Given this amendment in the Family Code, these concerned relatives can remain 
guardians over their wards, thus providing stability in the family life experience of the 
child.! 
~\", o<W~..e~ ),,~ 
MIRlAM DEFE~OR SANTIAIJO 
-l' 
[ This bill was previously filed during the Thirteenth Congress, Third Regular Session. 
2 


SIXTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
Second Regular Session 
SENATE 
S. B. No. 
2796 
) 
) 
) 
Introduced by Senator Miriam Defensor Santiago 
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Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled: 
AN ACT 
2 
AMENDING EXECUTIVE ORDER NO. 209, OTHERWISE KNOWN AS THE 
3 
FAMILY CODE, BY INCLUDING PROVISIONS ON PERMANENT 
4 
GUARDIANSHIP OVER MINORS WHO HAVE BEEN PLACED IN THE CARE OF 
5 
SUITABLE RELATIVES AND THE CONDITIONS FOR ITS TERMINATION 
6 
SECTION 1. There is hereby added a new section to read as follows: 
7 
ART. 216-A. PERMANENT GUARDIANSHIP. -
WHEN PARENTAL 
8 
AUTHORITY 
OVER A CHILD 
IS TERMINATED OR THE CHILD IS 
9 
OTHERWISE FREED FOR ADOPTION AND THE CHILD HAS BEEN PLACED 
10 
IN THE CARE OF A SUITABLE RELATIVE PURSUANT TO THE 
11 
PROVISIONS OF THIS CODE OR OTHER LAWS, SUCH RELATIVE IS 
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DEEMED TO BE THE PERMANENT GUARDIAN OF THE PERSON AND 
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PROPERTY OF SUCH CHILD. 
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IT SHALL BE DEEMED IN THE BEST INTERESTS OF THE CHILD 
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TO REMAIN IN THE CARE AND CUSTODY OF THE SUITABLE RELATIVE, 
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REGARDLESS OF WHETHER THE RELATIVE CHOOSES TO FILE AN 
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APPLICATION FOR ADOPTION OF THE CHILD. 
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SECTION 2. There is hereby added a new section to read as follows: 
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ART. 216-B. - TERMINATION OF PERMANENT GUARDIANSHIP. -
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ANY RELATIVE MAINTAINING PERMANENT GUARDIANSHIP OVER A 
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CHILD PLACED IN HIS OR HER CARE SHALL BE ENTITLED TO ALL THE 
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RIGHTS AND BENEFITS GRANTED TO A GUARDIAN OR A FOSTER 
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PARENT, PROVIDED THE CHILD IS UNDER THE PHYSICAL CARE OF THE 
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RELATIVE, UNTIL EITHER ONE OF THE FOLLOWING CONDITIONS ARE 
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ATTAINED: 
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(A) THE CHILD REACHED THE AGE OF EIGHTEEN (18); OR 


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2 
3 
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(B) 
IF THE CHILD ATTENDS COLLEGE, THE CHILD GRADUATED 
FROM COLLEGE OR ATTAINED THE AGE OF TWENTY-ONE 
(21) WHILE STILL ATTENDING COLLEGE, WHICHEVER 
OCCURS FIRST. 
5 
ONCE A CHILD HAS BEEN PLACED WITH A RELATIVE, THE 
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CHILD SHALL NOT BE REMOVED BY THE COURT OR ANY OTHER 
7 
AGENCY UNLESS: 
8 
9 
10 
II 
(A) THE RELATIVE IS FOUND TO BE UNFIT OR UNABLE TO 
ADEQUATELY PROVIDE FOR THE CARE AND SUPPORT OF 
THE CHILD; OR 
(B) THE RELATIVE CONSENTS TO THE REMOVAL OF THE CHILD 
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FROM THE HISIHER CARE. 
13 
SECTION 3. Separability Clause. - If any provision, or part hereof, is held invalid 
14 
or unconstitutional, the remainder of the law or the provision not otherwise affected shaH 
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remain valid and subsisting. 
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SECTION 4. Repealing Clause. - Any law, presidential decree or Issuance, 
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executive order, letter of instruction, administrative order, rule or regulation contrary to 
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or inconsistent with the provisions of this act is hereby repealed, modified or amended 
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accordingly. 
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SECTION 5. Effectivity. - This Act shaH take effect fifteen (15) days after its 
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publication in at least two (2) newspapers of general circulation. 
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Approved, 
IdpmMay20l5 
2