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THIRTEENTH CONGRESS OF THE REPUBLIC 
First Regular Session 
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OF THE PHILIPPINES 
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SENATE 
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Introduced by Senator Miriam Defensor Santiago 
opportunities for a 
EXPLANATORY NOTE 
The Constitution, Article 15 provides: 
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Section 1. The State recognizes the Filipino family as lhe foundation of the 
nation. Accordingly, it shall strengthen its solidarity and actively promote its total 
deveiopmen/ 
The child, as part of the family, is one of the most important assets of the nation. 
useful and happy life. 
A child, separated from his family, loses the opportunity to develop in a wholesome and 
harmonious atmosphere conducive to his proper upbringing, particularly with respect to his 
preparation for adult life and the conscientious discharge of his civic duties as a whole. 
Accordingly, this bill seeks to require hospitals: a) to establish and implement security 
procedures to reduce the likelihood of infant patient abduction and baby switching; and b) lo 
devise procedures for identifying all infant patients in the hospital in a manner that ensures it will 
be evident if infants are missing from the hospital. 


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THIRTEENTH CONGRESS OF THE REPUBLIC 
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First Regular Session 
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Introduced by Senator Miriam Defensor Santiago 
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AN ACT 
TO REQUIRE HOSPITALS TO ESTABLISH AND IMPLEMENT 
SECURITY PROCEDURES TO REDUCE THE LIKELIHOOD OF INFANT 
PATIENT ABDUCTION AND BABY SWITCHING, INCLUDING PROCEDURES 
IN A MANNER THAT ENSURES IT WILL BE EVIDENT IF INFANTS 
ARE MISSING FROM THE HOSPITAL 
FOR IDENTIFYING ALL INFANT PATIENTS IN THE HOSPITAL 
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Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled; 
SECTION 1. Short Title. - This Act shall be known as the “Infant Protection and Baby 
Switching Prevention Act.” 
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SECTION 2. Declaration ofPolicy. -It 
is the policy of the State to protect the Filipino 
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family, strengthen its solidarity, and actively promote its total development. 
SECTION 3, Definition of Terms. -For 
purposes of this Act, the terms: 
(1) “Identification Record” means a record maintained by a hospital to aid in the 
identification of newborn patients of the hospital, including any of the following: 
(A) The footprint, fingerprint, or photograph of the newborn patient. 
(B) A written description of the infant. 
(C) An identification bracelet or anklet put on the newborn patient, or the 
mother of the newborn patient, by a staff member of the hospital. 
(2) “Secretary” means the Secretary of Health. 
SECTION 4. Establishment of Securip Procedures. - 
In the case of hospitals and 
critical access hospitals which provide neonatal or infant care, to have in effect security 
procedures to meet the standards established by the Secretary (in consultation with appropriate 
organizations) to reduce the likelihood of infant patient abduction and baby switching, including 


standards for identi&ing all infant patients in the hospital in a manner that ensures that it will be 
evident if infants are missing from the hospital. 
SECTION 5. Regulations. -The 
Secretary of Health shall - 
(A) 'consult with various organizations representing consumers, appropriate 
national and'local regulatory agencies, hospitals, and critical access hospitals; 
(B) 
~ take into account variations in size and location of hospitals and critical 
access hospitals, and the percentage of overall services furnished by such hospitals and 
critical access hospitals that neonatal care and infant care represent; and 
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(C) promulgate specific regulations that address each size and type of hospital 
covered. 
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SECTION 6 .  Publication. - Not later than twelve 12 months after the date of the 
enactment of this Act, the Secretary shall publish such regulations. In order to carry out this 
requirement in a timely manner, the Secretary may promulgate regulations that take effect on an 
interim basis, after notice and pending opportunity for public comment. 
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SECTION I Penalties.- 
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(1) /' 
,Amount of penalty. - A hospital that commits a violation described in 
paragraph (F) of this subsection is subject to a civil monetary penalty of not more than 
One Million Pesos (Pl,OOO,OOO.OO), or not more than Five Hundred Thousand Pesos 
(P500,OOO.OO) in the case of a hospital with less than 100 beds, for such violation. 
(2) Violation by a Hospital. - 
A hospital described in paragraph (1) commits a 
violation for purposes of this subsection if the hospital fails to have in effect security 
procedures that meet the standards established by the Secretary under Section 3 of this 
Act to reduce the likelihood of infant patient abduction and baby switching, including 
standards for identifying all infant patients in the hospital in a manner that ensures that it 
will be evident if infants are missing from the hospital. 
(3) Baby switching. - 
is committed by one who knowingly alters or destroys an 
identification record of a newborn patient with the intention that the newborn patient be 
misidentified by any person shall be fined not more than Fifty Thousand Pesos 


(P50,OOO.OO in the case of an individual, and not more th*n Five Hundred Thousand 
Pesos (P500 1. 
000.00), in the case of an organization, or jmprisonment for not more than 
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five ( 5 )  years, or both. 
SECTION 8. Separability Clause. - 
If any provision, or part hereof, is held invalid or 
unconstitutional, the remainder of the laws or the provision not otherwise affected shall remain 
valid and subsisting. 
SECTION 9. Repealing Clause. - 
Any law, presidential decree or issuance, executive 
order, letter of instruction, administrative order, rnle or regulation contrary to or inconsistent 
with, the provisions of this Act is hereby repealed, modified, or amended accordingly. 
SECTION 10. Ejfectivity Clause. - 
This Act shall take effect fifteen (15) days after its 
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publication in at least two (2) newspapers of general publication. 
Approved. 
FN: 1672