14'h CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
) 
;. 
~ 
I ,., i 
Third Regular Session 
SENATE 
/ 
Introduced by Senator Ramon Bong Revilla, Jr. 
EXPLANATORY NOTE 
Paragraph (2), Section 3 of Article XV of the 1987 Constitution provides that: 
Section 3. The State shall defend: 
x x x  
(2) 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 
x x x  
The plight of children in orphanages moves many of us. According to the World Health 
Organization (WHO), in the year 2005-2006, there are already more than three million orphaned 
children in the Philippines. In line with the constitutional duty of the State to recognize the vital 
role of the youth in nation-building and the State's duty to promote and protect their physical, 
moral, spiritual, intellectual, and social well-being, focus should also be given to the State's 
obligation to support and care for our orphaned minors. 
There is also an enormous need for the State to assist and protect our children from any 
form of neglect, abuse, cruelty, exploitation and other conditions prejudicial to their 
development, especially the orphaned minors, who have suffered enough because they've 
already lost their parents to death, or were abandoned by their own family. 
This bill seeks to rectify the sad quandary of our minor orphans by providing for a trust 
fund account for each orphaned minor under DSWD-accredited private orphanages and other 
child caring institutions that may be recognized by the DSWD, which the State has to fund by 
quarterly depositing a specified amount for each of the trust fund account. The trust fund account 
matures when the orphaned minor reaches the age of majority. The money that the orphan will 
get should give hidher a fresh start in life. 
Immediate passage of this bill is highly needed. 
1 Senator 


14”’ CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
Third Regular Session 
1 
SENATE 
.L 
Introduced by Senator Ramon Bong Revilla, Jr. 
AN ACT PROVIDING FOR A SOCIAL JUSTICE AND WELFARE PROGRAM TO 
SUPPORT AND CARE FOR ORPHANS BY CREATING A SPECIAL TRUST FUND, 
AND FOR OTHER PURPOSES 
Be it enacted by the Senate and House of Representatives of the Philippines in Congress 
assembled: 
Section 1. Short Title.- This Act shall be known as the “Orphaned Minor’s Trust Fund Act 
of 2009.” 
Section 2. Declaration of Policy.- In line with the State policy recognizing the vital role of 
the youth in nation-building and the State’s duty to promote and protect their physical, moral, 
spiritual, intellectual, and social well-being, it is hereby declared a policy of the State to support 
and care for orphaned minors. 
Section 3. Definition of Terms.- For purposes of this Act, the following terms are defined: 
a.) “Commercial Bank” refers to a reputable private financial institution with a proven 
track record in the banking industry owned by a group of individuals which accepts 
deposits, makes business loans, and offers related services; 
b.) “Orphaned Minor” refers to a child below the age of 18, who has become an orphan by 
the death or disappearance of, or abandonment by, both parents. The abandonment, 
disappearance should be for at least six continuous months; 
c.) “Orphanage” refers to any DSWD-accredited orphanage catering to the need of orphans 
or abandoned minors; 
d.) “Orphaned Minor’s Trust Fund” refers in a special fund set aside for the orphaned 
minors under the care of the DSWD or any DSWD-accredited orphanage. The said fund 
shall operate as a special trust fund managed by a reputable commercial bank; 
e.) “Child-Caring Institution” refers to any 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 that is coordinated 
with the Department of Social Welfare and Development (DSWD); 
f.) “Guardian” refers to the owner of the orphanage andor any elder in the orphanage 
tasked to keep an eye on the orphaned minor; 
Section 4. Coverage.- This Act shall cover all orphaned minors, under the care of the 
DSWD, public orphanages, DSWD-accredited private orphanages and other child caring 


institutions that may be recognized by the DSWD inaccordance with the implementing rules and 
regulations of this Act. 
Section 5. National Monitoring System for Orphaned Minors.- The DSWD, in 
coordination with other government agencies tasked with caring for the welfare and development 
of children and the youth, shall come up with a comprehensive monitoring system to address the 
needs of orphaned minors. This system shall include, but not be limited to, coming up with an 
updated data on the number, location and personal profile of orphaned minors; profiling of 
orphanages and child-caring institutions nationwide; and establishing a transparent mechanism 
that would provide a grant of a reasonable lump sum grant to orphaned minors who already 
turned 18 years old and are ready to lead a life on their own. 
Section 6. Orphaned Minor’s Trust Fund.- A trust fund account in a commercial bank 
or in a number of commercial banks as defined in this Act, shall be opened in the name of every 
covered orphaned minor under a memorandum of agreement (MOA) to be entered into by a 
commercial bank and the DSWD. The DSWD, sourcing it from a regular annual appropriation 
item in its budget, shall deposit the sum of TEN THOUSAND PESOS (PhP10,OOO.OO) quarterly 
in every trust fund account until the account matures, unless terminated earlier by the DSWD due 
to the death or ineligibility of the recipient. 
Each of the trust fund account shall be opened by the DSWD based on a verified list of orphans 
submitted by their respective orphanages and child-caring institutions. To maintain the real 
purchasing value of the said amount through the years, it shall be increased by the DSWD every 
three (3) years in proportion to the average inflation rate for the said period as certified by the 
National Economic Development Authority (NEDA). 
Each covered orphan shall be entitled to the said quarterly deposit in hisher trust fund for the 
entire duration that he/she was in an orphanage or child-caring institution until heishe reaches the 
age of 18. In the event that the orphaned minor has been rendered ineligible to receive the said 
fund, or dies prior to reaching the age of majority, the trust h d  for such minor shall be forfeited 
in favor of State. 
Section 7. Budgetary Requirements. - The DSWD shall incorporate the budgetary 
requirements of this Act in their annual budget proposal. 
Section 8. Implementing Rules and Regulations. -The DSWD, in consultation with the 
Department of Interior and Local Government (DILG), the National Economic and Development 
Authority, non-governmental organizations (NGO’s) and other agencies they deem necessary to 
consult, shall issue the Implementing Rules and Regulations (IRR) within ninety (90) days after 
the approval of this Act. 
Section 9. Separability Clause. - If any provision or part hereof, is held invalid or 
unconstitutional, the remainder of the law or the provision not otherwise affected shall remain 
valid and subsisting. 
Section 10. Repealing Clause. - All laws, presidential decrees or issuances, executive 
orders, letters of instruction, administrative orders or rules and regulations, which may be 
inconsistent with this Act shall be deemed repealed, amended or modified accordingly. 
Section 11. Effectivity Clause. - This Act shall take effect fifteen (15) days following its 
publication in two (2) newspapers of general circulation. 
Approved,