SIXTEENTH CONGRESS
REPUBLIC OF THE PHILIPPINES
Third Regular Session

HOUSE OF REPRESENTATIVES
*

Introduced by Representative Rufus B. Rodriguez and
Representative Maximo B. Rodriquez, Jr.

House Bill No, 6103

EXPLANATORY NOTE

As a signatory to the Convention on the Rights of the Child, considered the most
comprehensive statute on the rights of children globally, the Philippines has the duty to
ensure that the provisions of the Convention are complied with and that the rights of the child
are safeguarded,

Among the important declarations that the Convention provides include:

“Article 2.

1. States Parties shall respect and ensure the rights set forth in
the present Convention to each child within their jurisdiction,
without discrimination of any kind, irrespective of the child's or his
or her parent's or legal guardian's race, colour, sex, language,
religion, political or other opinion, national, ethnic or social origin,

property, disability, birth or other status.

2. States Parties shall take all appropriate measure to ensure that
the child is protected against all forms of discrimination or
punishment on the basis of the status. activities, expressed
opinions, or beliefs of the child's parents, legal guardian, or family

members.

Article 7.

1. The child shall be registered immediately after birth and shall
have the right from birth to a name, the right to acquire a
nationality and, as far as possible, the right to know and be cared

for his or her parents.

2. State Parties shall ensure the implementation of these rights in
accordance with their national law and their obligations under the
relevant international instruments in the field, in particular where

the child would otherwise be stateless.
Article 8,

1. States parties undertake to respect the right of the child to
preserve his or her identity, including nationality, name and family

relations as recognized by law without unlawful interference.

2. Where a child is illegally deprived of some or all of the elements
of his or her identity, States Parties shall provide appropriate
assistance and protection, with a view to re-establishing speedily

his or her identity."

Timely birth registration is a fundamental right of every child. This is expressly laid
down in the Convention on the Rights of the Child and enshrined in the Declaration of
Human Rights on the right of an individual to his identity and nationality - to which the
Philippines adheres to. It is the primary act towards the recognition of an individual by the

7 RECEIVED” %
ome. 07 SEP 2018"|


State, the onset of establishing his legal identity and the entitlement to the benefits and
protection afforded by the State to its citizens.

‘As the documentary proof of birth registration, a Cerificate of Live Birth or Birth
Certificate is the primary document which ensures access to basic services such as health
and medical assistance, financial grants and education. The Birth Certificate also facilitates
the exercise of fundamental freedom rights such as the right to vote and be voted for, right to
inherit; seek employment: access social security benefits; buy and own properties and to
further secure other documentary identification. It is likewise a necessary document to
establish family ties and better opportunities for the child thru the process of adoption

Consequently, an unregistered individual may have limited or no access to the
abovementioned entitlements and opportunities. An unregistered child not only will have
diminished access to medical, educational and social benefits provided by the State, s/he is
likewise susceptible to the abuses on account of minority, such as commercial and sexual
exploitation, abuse and human trafficking. Verily, the brunt of non-registration is
exponentially greater for the Children in Need of Special Protection (CNSP). To this category
belong children who are vulnerable to or are victims of abuse, neglect, exploitation, cruelty,
discrimination and violence and other conditions prejudicial to their development.

‘While Memorandum Circular 2004-01 includes abandoned children under this term,
existing issuances (Administrative Order No. 01 Series of 1993 and Memorandum Circular
2011-5) provide for a separate registration structure for foundiings. This has often resulted to
both confusion and discrimination of the child. It is in this wise that foundiings, as defined
under AO No. 01, is sought to be embraced in the term CNSP and thusly be accorded the
same registration process under this Act.

As a vulnerable and disadvantaged group, CNSPs are in greater need of the State's
protective arm. The non-registration of their births makes them more invisible to the State's
developmental radar that could otherwise include them in priority programs on health,
nutrition, education and protection.

As a State Party to the Convention on the Rights of the Child, and obliged to its
inherent duty as Parens Patriae, it is incumbent upon the State to abide by the UN CRC's
primary tenets of advancing and protecting the rights of its children, in consonance with both
the domestic and global context. By providing an enhanced framework on birth registration
of CNSPs, there is an assurance of wider statistical coverage and improvement in the
compliance by all the stakeholders.

In view of the foregoing, immediate passage of tris bill is eamestly requested,

RUFUS B. ROPRIGUEZ

[
ODFIGUEZ, JR.


SIXTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES }
Third Regular Session

HOUSE OF REPRESENTATIVES

Introduced by Representative Rufus B. Rodriguez and
Representative Maximo B. Rodriquez, Jr.

House Bill No, 6103

AN ACT
FURTHER STRENGTHENING THE SYSTEM OF BIRTH REGISTRATION OF CHILDREN
IN NEED OF SPECIAL PROTECTION (CNSP) IN THE PHILIPPINES

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 "CNSP Birth Registration Act’.

Section 2. Declaration of Policy. - The State shall uphold the right of a child to a name and
nationality and to his immediate birth registration as laid down in the United Nations
Convention on the Rights of the Child as well as the United Nations Declaration of Human
Rights

The State recognizes the vulnerability of the Children in Need of Special Protection
(CNSP) and their greater need for care, guidance and protection

The State shall likewise safeguard these children from all acts of discrimination
arising from the circumstances of their birth and identity

In this pursuit, the State shall afford their right to legal identity and protection through
an effective and responsive birth registration system.

Section 3. Definition of Terms. The following words and phrases shall mean:

(a) "Armed conflict’ means any use of force or armed violence between States or a
protracted armed violence between governmental authorities and organized armed groups
or between such groups within that State: Provided, That such force or armed violence gives
rise, or may give rise, to a situation to which the Geneva Conventions of 12 August 1949,
including their common Article 3, apply. Armed conflict may be international, that is, between
two (2) or more States, including belligerent occupation; or non-international, that is,
between governmental authorities and organized armed groups or between such groups
within a state. It does not cover internal disturbances or tensions such as riots, isolated and
sporadic acts of violence or other acts of a similar nature.

(b) "Birth Registration" is the continuous, permanent and universal recording, within the civil
registry, of the occurrence and characteristics of births in accordance with the legal
requirements of the Philippines.

(c) "Children in Need of Special Protection” (CNSP) refer to all persons below 18 years of
age, or those 18 years old and over but are unable to take care of themselves because of
physical or mental disability or conditions; who are vulnerable to or are victims of abuse,
neglect, exploitation, cruelty, discrimination, violence (armed conflict, domestic violence),
natural calamities, man-made disasters, and other analogous conditions prejudicial to their
development, at any given time. CNSP include but are not limited to:

1. Sexually/physically-abused children:

2. Children in commercial sexual exploitation;


Children at risk and in conflict with the law;
Children in situations of armed conflict;
Working children or victims of child labor
. Children in various circumstances of disability;

Children directly affected by HIV | AIDS and other sexually transmitted
infections (STIs);
8. Street children;
9. Children with substance abuse;
10. Mentally challenged children;
11. Abandoned children children without primary caregiver;
12. Displaced children/refugee children/stateless children;
13. Foundlings as defined under Rule 26 of AO No. 01, series of 1993.

NOaEe

For purposes of this Act, the term CNSP shall include all children under the defining
circumstances of this Section, who may be located in child-care foundations or elsewhere.

(d) "Child Case Study Report" refers to a written report prepared by a social worker
containing all the necessary information about a child.

(e) "CNSP Certification" refers to the document issued by the DSWD Regional Field Office
affirming the CNSP status of the child.

(f) "City or Municipal civil registrar" refers to the head of the local civil registry office of the
city or municipality, as the case may be, who is appointed as such by the city or municipal
mayor in accordance with the provisions of existing laws.

(f) "Disaster" is a serious disruption of the functioning of a community or a society involving
widespread human, material, economic or environmental losses and impacts, which exceeds
the ability of the affected community or society to cope using its own resources. Disasters
are often described as a result of the combination of: the exposure to a hazard; the
conditions of vulnerability that are present; and insufficient capacity or measures to reduce
or cope with the potential negative consequences, Disaster impacts may include loss of life,
injury, disease and other negative effects on human, physical, mental and social well-being,
together with damage to property, destruction of assets, loss of services, Social and
economic disruption and environmental degradation. Disaster may be further classified as:

4. Natural disasters: including floods, hurricanes, earthquakes and volcano eruptions
that have immediate impacts on human health and secondary impacts causing
further death and suffering from (for example) floods, landslides, fires, tsunamis.

2. Environmental emergencies: including technological or industrial accidents, usually
involving the production, use or transportation of hazardous material, and occur
where these materials are produced, used or transported, and forest fires caused by
humans.

3. Complex emergencies: involving a break-down of authority, looting and attacks on
strategic installations, including conflict situations and war.

4, Pandemic emergencies: involving a sudden onset of contagious disease that affects
health, disrupts services and businesses, and brings economic and social costs.

(g) "DSWD" shall refer to the Department of Social Welfare and Development Office,
including its Regional Field Offices and the social welfare and development offices of the
local government units (provincial, city, and municipal)

(h) "Finder" is any person who finds or rescues a CNSP as defined in this Act.


(i) "Foundling" is a deserted or abandoned infant or a child found, with parents, guardian, or
Telatives being unknown, or a child committed in an orphanage or charitable or similar
institution with unknown facts of birth and parentage.

())"Muttiple Registration" occurs when the same event of birth of the same party is registered
more than once. In this case, the presence of the first registration will invalidate the
succeeding registrations of the same event. However, if there is a court order invalidating the
first registration, the succeeding registration becomes valid and this, the LCR can legally
issue certfication of the requested document based on the succeeding registration.
Otherwise, the following guidelines should be followed:

1. Same dates of vital event, different date of registration - issue the one with earlier

date of registration

2. Same dates of registration but different registry numbers - issue the one with the
lower registry number.

3. Different dates of registration but same registry number - issue the one with the
earlier date of registration.

4. Same entries but different dates of registration and registered in different places -
issue the one with the earlier date of registration.

(k) "Negative Certification” is a declaration issued by the Philippine Statistics Authority that
they do not possess the requested record of birth

(1) "Omnibus Certification” is a list issued by the Philippine Statistics Authority indicating
whether the individuals whose records are being Verified, are in the custody of the PSA. Itis,
commonly issued upon the request of an organization, agency or department.

(m) "Philippine Statistics Authority" was created pursuant to Republic Act 10635 and is the
primary agency responsible for all national censuses and surveys, sectoral statistics,
consolidation of selected administrative recording systems and compilation of the national
accounts. It is constituted from among the existing personnel of the major statistical
agencies engaged in primary data collection and compilation of secondary data, i.e., the
National Statistics Office; the Technical Staff of the National Statistical Coordination Board;
the Bureau of Agricultural Statistics; and the Bureau of Labor and Employment Statistics.

Section 4. Process for Referring a CNSP. A Finder in custody of a CNSP shall, within forty-
eight (48) hours, refer the CNSP to any of the following receiving agencies for
documentation and evaluation:

a) Nearest Regional Field or Provincial Office of the Department of Social Welfare and

Development office or the local social welfare and development divisions; or

b) Punong Barangay of the locality where the CNSP was found; or

c) Nearest police station; or

d) Child-care foundations.

Should the receiving agency determine upon referral that the child needs medical
attention, the receiving agency shall immediately bring the child to the nearest medical
facility for the necessary treatment.

The receiving agency shall thereafter endeavor to determine if the child is without a
primary caregiver or guardian or a suitable individual who can have temporary custody of the
child. In all instances, the best interest of the child shalll be the paramount consideration in
choosing his/her guardian.

In the absence of any suitable guardian, the Punong Barangay or the police authority
shall facilitate the commitment of the child to the nearest Regional Field or Provincial Office
of the Department of Social Welfare and Development office or the local social welfare and
development divisions, or to a duly licensed and accredited orphanage or charitable
institution.


Section 5. Who Shall Register a CNSP. The following are the persons responsible to
register a CNSP:

(a) The licensed social worker who has custody of the CNSP; or

(b) Those persons or institutions who are in immediate and protective custody of the CNSP.

In both cases, a CNSP Certification issued by the nearest Regional Field Office of
the DSWD shall be presented by the custodian of the child when registering

The persons referred to in this section should first endeavor to gather information
from anyone knowledgeable on the matter, as to whether the child has already been
registered. Otherwise, data as to the details of the child's birth should be obtained for
purposes of filing out the Certificate of Live Birth (COLB).

Section 6. Place of Registration and Reglementary Period. The registration of CNSP shall
be made in the Local Civil Registry Office (LCRO) where the child was bom, if known. If the
place of birth is unknown, the registration shall be made in the place where the child was
found.

The registration shall be made sixty (60) days from the date of the actual custody of
the child by the persons enumerated in Section 5 hereof, except during armed conflicts,
emergencies, and disasters, in which case registration shall be made sixty (60) days after
the official pronouncement of the cessation thereof.

Section 7. Requirements for the Registration of CNSPs. The following requirements shall be
complied with for the registration of birth of a CNSP:

a) Negative Certification from the PSA, or any proof of declaration from the Philippine
Statistics Authority (Omnibus Certification). The Omnibus Certification may likewise
be coursed thru a PSA-accredited Non-Governmental Organization.

b) Child case study report prepared by a licensed social worker.

¢) Certification from the nearest DSWD Regional Field Office that the child is a CNSP
indicating the following information:

Name of the child;
‘Sex of the child;
Date of birth:
Place of birth;
. Name of at least one parent; and
Citizenship of parent/s
For unfilled items in the Certificate of Live Birth (COLB), the word "Unknown" is
acceptable.
The approximate date of birth of the child may be cerfified by medical/dental
practitioners as proof of age. Such certification shall be provided by the medical/dental
practitioner upon presentation of the requirements listed as (a) and (b) of this Section

PaAReON=

Section 8. Fees. No fees and other related charges such as processing fees and/or
Penatties shall be imposed on the registration of births of CNSPs within the reglementary
period.

Section 9. Multiple Registration. In case of multiple registration of CNSPs, the, PSA
guidelines on double or multiple registration shall be followed.

Section 10. Regular Reporting. The LCR shall submit the list of registered CNSPs to DSWD
and PSA every tenth day of the month.

Section 11. No Annotations on the COLB. No annotations shall be indicated on the
Certificate of Live Birth of the CNSP. A temporary marking shall be made only for purposes
of recording and shall be subsequently erased upon final issuance of the registered COLB.


Section 12. Penal Provisions. Any person who refuses to comply with the provisions of this
Act or any violation of the preceding Sections fined the amount of Ten thousand pesos (PhP
10,000.00) to Thirty thousand pesos (PhP 30,000.00), at the discretion of the court, without
prejudice to further disciplinary action against the erring officer or medical/dental
professional and the suspension of accreditation in the case of institutions.

Section 13. Implementing Rules and Regulations. - Within ninety (90) days from the
effectivity of this Act, the Secretary of the Department of Social Welfare and Development
(DSWD) shall, in coordination with the Secretary of the Interior and Local Government
(DILG), the Philippine Statistics Authority (PSA), the Council for the Welfare of Children
(CWC) and representatives of children’s organizations and academic communities,
promulgate rules and regulations necessary for the effectivity of this Act

Section 14. Appropriation. To carry out the provisions of this Act, such amount as may be
necessary is hereby authorized to be appropriated from the National Treasury. Thereafter,
the amount necessary for the continuous operation of this program shall be included in the
annual appropriation of the DSWD, PSA and DILG.

Section 15. 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 16. Repealing Clause. - Any law, presidential decree or issuance, executive order,
letter of instruction, administrative order, rule or regulation contrary to or inconsistent with
any provision of this Act is hereby repealed, modified, or amended accordingly.

Section 17. Effectivity Clause. -This Act shall take effect fifteen (15) days after its complete
publication in the Official Gazette or in at least two (2) newspapers of general circulation,
whichever comes earlier.

Approved,