SEVENTEENTH CONGRESS OF THE. )
REPUBLIC OF THE PHILIPPINES, )
Second Regular Session )

‘18 MAR-5 PS 57

SENATE | sv

S.B.No.1728 RECEIVE fi

Introduced by Senator Ana Theresia “Risa” Hontiveros-Baraquel

AN ACT GRANTING AMNESTY FOR SIMULATED BIRTHS, ALLOWING
THE RECTIFICATION OF SIMULATED BIRTH RECORDS THROUGH
ADMINISTRATIVE ADOPTION AND FOR OTHER PURPOSES

Explanatory Note

Simulation of birth remains to be a crime in the Philippines. Article 347 of the
Revised Penal Code still gives the penalty of six years and 1 day to eight years of
imprisonment and fine not exceeding fifty thousand pesos (P50,000) to anyone who
falsifies certificates of live births with the intent to simulate birth. While Section 22 of
the Domestic Adoption Act provided amnesty to those who will apply for correction of
birth registration and petition for adoption, the period for its application has already
expired in 2003.

This legal and legislative milieu has barred the legitimation of de facto adoption
that is very common in Filipino families. In 2016, it was reported by the United Nation's
Children’s Rights and Emergency Relief Organization that the Philippines has about 1.8
Million abandoned children. These children are found to be victims of extreme poverty,
natural disasters, and armed conflicts. However, adoption laws in the Philippines
cannot save these kids from their unfortunate lives. Formal adoption in the country
remains to be tedious, bureaucratic, and expensive. Ironically, the process incentivizes
Filipino families of average means to adopt children informally, establish filiation
through simulation of public records, and incidentally commit a cri

The 1987 Constitution declares the Filipino family as the foundation of the
nation. Premised on this principle is the State recognition of the right of Filipino
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. Simulation of birth deprives children of the rights and benefits of legal
adoption and make adoptive parents vulnerable to imprisonment and legal fines. Yet, it
is our adoption laws that even prohibit them to become families under the law.

This bill aims to grant amnesty for simulated births and allow rectification of the
simulated birth records through a simplified administrative adoption. This will help
adoptive parents to legalize their filiation to their adopted children. This will help
children who are victims of their cruel fates to finally belong to families, formed by love,
recognized in law.

It is for the Filipino family, the foundation of our nation, that the passage of this
bill is earnestly sought.

ANA THERESIA “RISA” HO) S-BARAQUEL



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Serae

Wier of the Secretary

SEVENTEENTH CONGRESS OF TE )
REPUBLIC OF THE PHILIPPINES )
Second Regular Session ) 18 MAR-5 PS 57
SENATE io
S.B.No. 1728 (eS

Introduced by Senator Ana Theresia “Risa” Hontiveros-Baraquel

AN ACT GRANTING AMNESTY FOR SIMULATED BIRTHS, ALLOWING
THE RECTIFICATION OF SIMULATED BIRTH RECORDS THROUGH
ADMINISTRATIVE ADOPTION AND FOR OTHER PURPOSES

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

ARTICLE L
GENERAL PROVISIONS,

SECTION 1. Short Title. — This Act shall be known as the, “Simulated Birth
Rectification Act of 2018".

SECTION 2. Objective. — This Act has the following objectives:

(a) To grant amnesty and allow the rectification of the simulated birth of a child where
the simulation was made for the best interest of the child and that such child has
been consistently considered and treated by the person or persons who simulated
such birth as his, her, or their own son or daughter;

(b) To fix the status and filiation of a child whose birth was simulated by giving such
child all the benefits of adoption and ensuring that the child shall be entitled to all
the rights provided by law to legally adopted children, without any discrimination of
any kind, as well as to love, guidance, and support from the child’s adoptive family;

(c) To exempt from criminal, civil, and administrative liability those who simulated the
birth record of a child prior to the effectivity of this Act: Provided, That an
application for the rectification of the simulated birth record is filed within ten (10)
years from the effectivity of this Act;

(d)To provide for and allow a simpler and less costly administrative adoption
proceeding where the child has been living with the person or persons who
simulated his or her birth record for at least three (3) years before the effectivity of
this Act; and

(e) To educate and inform the public about the rectification of simulated births and to
encourage people to avail of the benefits of this Act.

SECTION 3. Definition of Terms. —As used in this Act:

(a) Child refers to a person below eighteen (18) years of age, or a person eighteen
(18) years of age or over who is unable to fully take care of himself or herself or
protect himself or herself from abuse, neglect, cruelty, exploitation, or
discrimination because of a physical or mental disability or condition, whose
birth was simulated;

(b) Foundling refers to a child who is abandoned and whose parentage is unknown;

(c) Regional Director refers to the head of a field office of the DSWD;

(d) Secretary refers to the Secretary of Social Welfare and Development;



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(e) Simulation of birth refers to the tampering of the civil registry to make it appear
in the record of birth that a child was born to a person who is not such child's
biological mother, causing such child to lose his or her true identity and status;
and

(f) Social Welfare and Development Officer refers to the head of a city or municipal
social welfare and development office, which serves as the frontline of a city or
municipal government in the delivery of social welfare and development
programs and services.

ARTICLE IL
RECTIFICATION OF SIMULATED BIRTHS.

SECTION 4. Rectification of Simulated Births. —Notwithstanding any provision of
law to the contrary, a person or persons who, prior to the effectivity of this Act,
simulated the birth of a child, and those who cooperated in the execution of such
simulation, shall be granted amnesty and shall not be criminally, civilly, or
administratively liable for such act: Provided, That the simulation of birth was made for
the best interest of the child and that the child has been consistently considered and
treated by such person or persons as his, her, or their own son or daughter: Provided,
further, That such person or persons has or have filed an application for the rectification
of the simulated birth with administrative petition for adoption within ten (10) years
from the effectivity of this Act.

SECTION 5. Administrative Adoption and Rectification. —A person or persons
who simulated the birth of a child under the conditions provided under Section 4 of this
Act may avail of administrative proceedings for the adoption and rectification of the
simulated birth of such child: Provided, That the child has been living with the person
for at least three (3) years before the effectivity of this Act.

SECTION 6. Nonadmissible Evidence. ~All petitions, documents, records, and
papers relating to adoption and rectification of simulated births under this Act cannot
be used as evidence against those who simulated the birth of a child or who cooperated
in the execution of such simulation in any criminal, civil, or administrative proceeding.

ARTICLE UL
ADDITIONAL REQUIREMENTS FOR ADMINISTRATIVE ADOPTION

SECTION 7. Personal Qualifications. ~Adopters must:
(a) Be Filipino citizens and of legal age;
(b) Possess full civil capacity and legal rights;
(c) Be of good moral character;
(d) Have not been convicted of any crime involving moral turpitude;
(e) Be emotionally and psychologically capable of caring for children; and
(£) Be in a position to support and care for the child in keeping with the means of the
family.

SECTION 8. Required Consent. ~After being properly counseled and informed of the
right to give or withhold approval of the adoption, the written consent of the following
shall be required:

(a)The adoptee, if ten (10) years of age or over;

(b) The biological parent of the child, if known and can be located;

(©)The legitimate and adopted sons and daughters, ten (10) years of age or over,

of the adopter and adoptee, if any;

(d) The illegitimate sons and daughters, ten (10) years of age or over, of the

adopter if living with said adopter and the latter's spouse, if any; and

(e) The spouse, if any, of the adoptee.



ARTICLE IV
ADMINISTRATIVE ADOPTION PROCEDURE

SECTION 9. Application for Rectification with Petition for Administrative
Adoption. —The application for rectification of simulated birth with petition for
administrative adoption shall be in the form of an affidavit and shall be subscribed and
sworn to by the petitioner or petitioners before any person authorized by law to
administer affirmations and oaths. It shall state the facts necessary to establish the
merits of the petition, the circumstances surrounding the simulation of the birth of the
child. The petition shall be supported by the following:

(a) A copy of simulated birth or foundling certificate of the child;

(b) Affidavit of admission if the simulation of birth was done by a third person;

(c) Certification issued and signed by the punong barangay attesting that the

petitioner or petitioners is a resident or are residents of the barangay and that the

child has been living with the petitioner or petitioners for at least three (3) years

prior to the effectivity of this Act;

(d) Affidavits of at least two (2) disinterested persons, who reside in the same

barangay where the child resides, attesting that the child has been living with the

petitioner for at least three (3) years prior to the effectivity of this Act; and

(£) Photographs of the child and the petitioner or petitioners taken within the last

three (3) months.

SECTION 10. Procedure. ~The application for rectification of simulated birth with
petition for administrative adoption shall be filed with the Office of the Social Welfare
and Development Officer (SWDO) of the city or municipality where the child resides.
The SWDO shall have seven (7) days to examine the petition and its supporting
documents and determine whether the same is sufficient in form and substance. If the
SWDO finds that the petition is insufficient in form or substance, the SWDO shall return
the same to the petitioner with a written explanation of its insufficiency. If the SWDO
finds the petition sufficient in form and substance, the SWDO shall forward the petition
and supporting documents within three (3) days to the Regional Director.

The Regional Director shall review the petition, establish the identity of the child,
confirm the status of de facto adoption between the applicant-petitioner and the child
and prepare his or her order on the application and petition not later than thirty (30)
days from receipt thereof. The Regional Director may require the applicant-petitioner to
submit additional information or evidence to support the application and petition. The
failure of the applicant-petitioner to comply with such request shall not preclude the
Regional Director from acting on the application and petition based on the evidence on
hand.

SECTION 11. Order of Adoption. -If the Regional Director determines that the
adoption shall redound to the best interest of the child, an order of adoption shall be
issued which shall take effect on the date the petition was filed with the Office of the
SWDO, even if the petitioner dies before its issuance.

The order of adoption shall state that the simulated birth record of the child is
now rectified giving legal recognition to the de facto adoption reflected in the rectified
birth record. An administrative adoption order obtained under this Act shall have the
same effect as a decree of adoption issued pursuant to Republic Act No.8552, otherwise
known as the “Domestic Adoption Act of 1998.”

SECTION 12. Civil Registry Record. ~The Regional Director shall immediately
transmit the order of adoption to the appropriate local civil registrar. The local civil
registrar shall stamp the simulated birth record “rectified” with an annotation of the
order of adoption and other factual antecedents relevant to the issuance thereof.



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SECTION 13. Socialized Fees. —The city or municipal SWDO, the Regional Director,
and the Office of the Local Civil Registrar may charge socialized fees to those who avail
of the administrative adoption proceedings under this Act. Fees shall be waived if the
applicant-petitioner is indigent.

SECTION 14. Confidentiality ~All petitions, documents, records, and papers relating
to administrative adoption proceedings in the files of the city or municipal SWDOs, the
DSWD Central and Field Offices, or any other agency or institution participating in such
proceedings shall be strictly confidential. The disclosure of any information to a third
person shall only be allowed if it is necessary for security reasons or for purposes
connected with or arising out of the administrative adoption and if it is for the best
interest of the adoptee, upon his or her appropriate request.

ARTICLE V
EFFECTS OF ADMINISTRATIVE ADOPTION

SECTION 15. Legitimacy.—The adoptee shall be considered the legitimate son or
daughter of the adopter for all intents and purposes and as such is entitled to all rights
and obligations provided by law to legitimate sons or daughters born to them without
discrimination of any kind. To this end, the adoptee is entitled to love, guidance, and
support in keeping with the means of the family.

SECTION 16. Parental Authority.—Except where a biological parent is the spouse of
the adopter, all legal ties between the biological parents and the adoptee shall be severed
and the same shall then be vested in the adopter.

SECTION 17. Succession. — In legal and intestate succession, the adopter and the
adoptee shall have reciprocal rights of succession without distinction from legitimate
filiation. However, if the adoptee and his or her biological parents left a will, the law on
testamentary succession shall govern.

ARTICLE VI
RESCISSION OF ADMINISTRATIVE ADOPTION

SECTION 18. Grounds for Rescission. ~ Upon petition of the adoptee, with the
assistance of the city or municipal SWDO if a minor or if over eighteen (18) years of age
but is incapacitated, the adoption may be rescinded on any of the following grounds
committed by the adopter:

(a) Repeated physical or verbal maltreatment by the adopter;

(b) Attempt on the life of the adoptee;

(c) Sexual assault or violence;

(d) Abandonment and failure to comply with parental obligations; or

(c) Other acts that are detrimental to the psychological and emotional development
of the adoptee.

Adoption, being in the best interest of the child, shall not be subject to rescission by the
adopter. However, the adopter may disinherit the adoptee for causes provided in Article
919 of the Civil Code.

SECTION 19. Reseission of Administrative Adoption. —The process for
administrative adoption as provided under Section 10 of this Act shall apply to the
rescission of administrative adoption: Provided, That the concerned Regional Director
shall act on the petition for rescission immediately bearing in mind the best interest of
the child.



SECTION 20. Effects of Rescission. —If the petition for rescission of administrative
adoption is granted by the Regional Director, the parental authority of the adoptee’s
biological parents, if known, shall be restored if the adoptee is still a minor or
incapacitated. The reciprocal rights and obligations of the adopter and adoptee to each
other shall be extinguished.

The Regional Director shall furnish a copy of the order of rescission to the local
civil registrar concerned who shall thereafter cancel the rectified certificate of birth of
the adoptee.

Successional rights shall revert to its status prior to adoption, but only as of the
date of judgment of administrative rescission. Vested rights acquired prior to
administrative rescission shall be respected.

All the foregoing effects of rescission of adoption shall be without prejudice to the
penalties imposable under the Revised Penal Code if the criminal acts are proven.

ARTICLE VIL
VIOLATIONS AND PENALTIES,

SECTION 21. Violations and Penalties. ~The penalty of imprisonment ranging from
six (6) years and one (1) day to twelve (12) years and/or a fine not less than two hundred
thousand pesos (P200,000.00) at the discretion of the court shall be imposed on any
person who shall commit any of the following acts:

(a)Obtaining consent for an adoption through coercion, undue influence, fraud,

improper material inducement, or other similar acts;

(b)Noncompliance with the procedures and safeguards provided by law for the

adoption; or

(©)Subjecting or exposing the child to be adopted to danger, abuse, or
exploitation.

ARTICLE VUL
FINAL PROVISIONS.

SECTION 22. Information Dissemination. ~The DSWD, in coordination with the
Department of the Interior and Local Government (DILG), the Philippine Commission
on Women (PCW), the Council for the Welfare of Children (CWC) and the Philippine
Statistics Authority (PSA) shall disseminate to the public information regarding this Act
and its implementation.

SECTION 23. Implementing Rules and Regulations. — The Secretary, after due
consultation with the PSA, the DILG, the PCW, and the CWC shall issue rules and
regulations for the effective implementation of this Act within thirty (30) days from its
effectivity.

SECTION 24. Repealing Clause. Section 22 of Republic Act No.8552 is hereby
repealed. All other laws, decrees, letters of instruction, executive issuances, resolutions,
orders or parts thereof which are inconsistent with the provision of this Act are hereby
repealed, modified, or amended accordingly.

SECTION 25. Separability Clause. -If any provision or part of this Act is declared
unconstitutional or invalid, the remaining parts or provisions not affected shall remain
in full force and effect.

SECTION 26. Effectivity—This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in a newspaper of general circulation.

Approved,