Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SUPEENTH CONGRESS
irst Regular Session

HOUSE BILL NO. 119

Introduced by Hon. Giorgidi B. Aggabao

EXPLANATORY NOTE

It is common knowledge that couples (especially childless) resort to
simulation of birth to avoid the tedious process of adoption. To be sure,
simulation of birth is a criminal act punishable under Article 347 of the Revised
Penal Code; it also constitutes falsification under Article 172 of the same code.
Yet, Congress has recognized that this unlawful scheme is often resorted to with
good faith intentions and with the best interest of the child in mind. For this
reason, Congress saw fit to provide an opportunity and procedure for couples so
situated to rectify the simulation and to legalize the present parent-child
relationship, without incurring any criminal liability. Thus, Sec. 22 of RA 8552
otherwise known as the Domestic Adoption Act of 1998, provided as follows:

“Rectification of Simulated Births - A person Who has,
prior to the effectivity of this Act, simulated the birth of a
child shall not be punished for such act: Provided: that the
simulation of birth was made for the best interest of the child
and that he / she has been consistently considered and
treated by that person as his/her son / daughter ; Provided
further : That the application for correction of _ birth
registration and petition for adoption shall be filed within five
(6) years from the effectivity of this Act and completed thereafter;
Provided such person complies with the procedure as specified
in Article IY of this Act and other requirements as determined by
the Department.


Unfortunately, perhaps due to lack of proper legal advice or awareness of
the remedy provided by law, there are still numerous concerned couples who
have not been able to avail of Sec. 22 of RA 8552. Much as they would want to
rectify and legitimize their parent-child relationship, they can no longer do so
since the prescriptive period provided therein has already lapsed. Thus, they are
left with no option but to maintain the status quo sub rosa, lest they incur
criminal liability. This leaves them prey to blackmail, extortion and potential
legal claims from unscrupulous persons resulting in a greater evil, ic. the
disturbance of family relations and trauma on the part of the child.

Given the above premises, it becomes necessary and even compelling to
amend Sec. 22 of RA 8552, extending for another five (5) years the rectification of
simulated births in order to provide an opportunity for couples who may have
failed to avail of its salutary benefits, to do so.

GIORGIDI =e oan


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS.
First Regular Session

41g

HOUSE BILL NO.

Introduced by Hon. Giorgidi B. Aggabao

AN ACT
TO EXTEND THE PERIOD FOR RECTIFICATION OF
SIMULATED BIRTHS, AMENDING FOR THE PURPOSE
SEC. 22 OF RA 8552, OTHERWISE KNOWN AS THE
DOMESTIC ADOPTION ACT OF 1998

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

Section One - Section 22 of RA 8552 is hereby amended as follows:

“Rectification of Simulated Births - A person who has simulated the
birth of a child FOR THE PURPOSE OF RECORDING THE CHILD AS HIS/
HER LEGITIMATE BIOLOGICAL OFFSPRING shall not be punished for
such act: Provided, That the simulation of birth was made for the best
interest of the child and that he /she has been consistently considered and
treated by that person as his/her own son / daughter; PROVIDED,
FURTHER, THAT THE PERSON HAS NO LEGITIMATE OR NATURAL
CHILD AT THE TIME OF THE SIMULATED BIRTH, OR THAT THE
CONSENT OF HIS/HER CHILD WHO IS OF AGE, HAS BEEN OBTAINED;
Provided, Furthermore, That the application for correction of the birth
registration and petition for adoption shall be filed within five (8) years from the
effectivity of this AMENDMENT; and Provided, Finally, That such person
complies with the procedure as specified in Article IV of this Act and other
requirements as determined by the Department.”


Section Two - Repealing Clause. All laws, decrees, executive order, rules
and regulations inconsistent with this Act are hereby repealed, amended
or modified accordingly.

Section Three -  Effectivity Clause. This Act shall take effect upon the
publication in at least two national newspapers of general circulation.

Approved.