Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Quezon City 
NINETEENTH CONGRESS 
First Regular Session 
HOUSE BILL NO. _______ 
Introduced by HON. GUS S. TAMBUNTING 
AN ACT  
ESTABLISHING A MORATORIUM ON AGING OUT OF FOSTER CARE DURING THE STATE OF 
PUBLIC HEALTH EMERGENCY DUE TO THE CORONAVIRUS DISEASE (COVID-19) PANDEMIC 
AND FOR SIX (6) MONTHS THEREAFTER, AMENDING FOR THE PURPOSE REPUBLIC ACT NO. 
10165, OTHERWISE KNOWN AS THE FOSTER CARE ACT OF 2012 
EXPLANATORY NOTE 
The COVID-19 pandemic has massively affected the lives of the people and the country’s economy. At the 
onset of the pandemic, numerous individuals lost access to their livelihood due to various travel restrictions 
and strict health protocols implemented in the country. While there are social protection measures 
implemented to address income loss for affected families, these are arguably limited, and a lot had to rely 
on their family and friends to endure the economic implications of this pandemic. The same however could 
not be said for children under foster care, particularly those who have aged out of their foster care 
arrangements, as they are commonly not equipped with sufficient filial and social networks and support 
systems from whom they can depend or who can assist them in enduring this economic situation. 
Considering these realities, it is incumbent upon the State to ensure that their welfare is accounted for.  
This measure shall establish a moratorium on the aging of children in foster care, provided under Republic 
Act No. 10165 or the "Foster Care Act of 2012" during the pendency of the "State of Public Health 
Emergency Throughout the Philippines" in connection with the Coronavirus Disease (COVID-19) pandemic 
as declared by Presidential Proclamation No. 922, series of 2020, and for six (6) months from the 
termination thereof. This measure shall ensure that children who were under foster care during the start 
of the State of Public Health Emergency declared by Presidential Proclamation No. 922, series of 2020, but 
have aged out before the effectivity of this Act shall be entitled to return to foster care if requested. This 
likewise provides that the foster child or the foster parent shall continue to receive the assistance and 
incentives outlined in Sections 21 and 22 of RA No 10165.  
On behalf of the people of Parañaque City’s Second District, and for the common good of the Filipino 
people, the approval of the said measure is earnestly sought. 
REP. GUS S. TAMBUNTING 
2nd District, Parañaque City 
September 14, 2022
5:57 pm
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Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Quezon City 
NINETEENTH CONGRESS 
First Regular Session 
HOUSE BILL NO. _______ 
Introduced by HON. GUS S. TAMBUNTING 
AN ACT  
ESTABLISHING A MORATORIUM ON AGING OUT OF FOSTER CARE DURING THE STATE OF 
PUBLIC HEALTH EMERGENCY DUE TO THE CORONAVIRUS DISEASE (COVID-19) PANDEMIC 
AND FOR SIX (6) MONTHS THEREAFTER, AMENDING FOR THE PURPOSE REPUBLIC ACT NO. 
10165, OTHERWISE KNOWN AS THE FOSTER CARE ACT OF 2012 
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled: 
SECTION 1. Section 14 of the RA 10165 is hereby amended to read as follows: 
“Sec. 14. Termination of Placement. Termination of placement shall be done by the DSWD, 
upon recommendation of the agency, on the following grounds: 
(a)
Return of the child to biological parents;
(b)
Placement for the adoption of the child;
(c)
Death of the child;
(d)
Death of both foster parents;
(e)
Expiration of the FPA; and
(f)
In all cases where placement becomes prejudicial to the welfare of the child, such as
but not limited to, abandonment, maltreatment, sexual assault, violence, or other
forms of abuse.
Provided, That in the case of (f), the foster child, with the assistance of a registered social 
worker, shall have the option to apply for termination of placement.  
PROVIDED, FURTHER, THAT THERE SHALL BE A MORATORIUM ON THE AGING 
OUT OF CHILDREN IN FOSTER CARE DURING THE PENDENCY OF THE STATE OF 
PUBLIC 
HEALTH 
EMERGENCY 
THROUGHOUT 
THE 
PHILIPPINES 
IN 
CONNECTION WITH THE CORONAVIRUS DISEASE (COVID-19) PANDEMIC AS 
DECLARED BY PRESIDENTIAL PROCLAMATION NO. 922, SERIES OF 2020, AND 
FOR SIX (6) MONTHS FROM THE TERMINATION THEREOF. CHILDREN WHO 
REACH THE AGE OF MAJORITY WHILE IN FOSTER CARE SHALL NOT BE 
REMOVED FROM FOSTER CARE AND SHALL HAVE THE OPTION TO REMAIN IN 
FOSTER CARE. PROVIDED, FURTHER, THAT CHILDREN WHO WERE UNDER 
FOSTER CARE DURING THE START OF THE STATE OF PUBLIC HEALTH 
EMERGENCY DECLARED BY PRESIDENTIAL PROCLAMATION NO. 922, SERIES 
OF 2020, BUT HAVE AGED OUT BEFORE THE EFFECTIVITY OF THIS ACT SHALL 
BE ENTITLED TO RETURN TO FOSTER CARE, IF REQUESTED.  
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PROVIDED, FINALLY, THAT DURING THE MORATORIUM PERIOD, BOTH THE 
FOSTER CHILD AND THE FOSTER PARENT /S SHALL CONTINUE TO RECEIVE THE 
ASSISTANCE AND INCENTIVES OUTLINED IN SECTIONS 21 AND 22 OF THIS 
ACT.  
 
THE REQUIREMENTS OF REGULAR HOME VISITS AND QUARTERLY PROGRESS 
REPORTS PROVIDED IN SECTION 13 OF THIS ACT SHALL CONTINUE TO BE 
FULFILLED OR CONDUCTED DURING THE MORATORIUM PERIOD. 
 
Section 2. Repealing Clause. – All laws, presidential decrees, executive orders, proclamations, rules, 
and regulations, or any part thereof, which are inconsistent with the provisions of this Act are hereby 
repealed or modified accordingly.  
 
Section 3. Separability Clause. – If any provision or part of this Act, or the application thereof to any 
person or circumstance, is held unconstitutional or invalid, the remainder of this Act shall not be affected 
thereby.  
 
Section 4. Effectivity Clause. – This Act shall take effect fifteen (15) days from its publication in the 
Official Gazette or at least two (2) newspapers of general circulation. This Act shall expire and be deemed 
repealed six (6) months after the termination of the State of Public Health Emergency Throughout the 
Philippines in connection with the Coronavirus Disease (COVID-19) pandemic, as declared in Presidential 
Proclamation No. 922, series of 2020. 
 
Approved,