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SIXTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
(l)fI.: ••• f l~.>, ... taru 
Third Regular Session 
'15 
AUG -5 P5:1 0 
SENATE 
HECEIVE[) lW; 
S.B. 
2892 
-1-' 
------------------------------------------------------------------------------------------------------------.--------
. 
Introduced by Senator Poe 
AN ACT 
FURTHER STRENGTHENING THE SYSTEM OF BIRTH REGISTRATION OF 
CHILDREN IN NEED OF SPECIAL PROTECTION (CNSP) IN THE PHILIPPINES 
Explanatorv Note 
The Philippines is a signatory to the Convention on the Rights of the Child, considered 
the most comprehensive statute on the rights of children globally. It provides the following 
important declarations: 
"Article 2. 
1. 
States Parties shall respect and ensure the rights set forth in the present 
Convention to eachchild 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 State, the onset 
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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 Certificate 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. As a component of the 
civil registration system of a country, it contributes to the effective governance by providing data 
that will feed into provision of services and efficient response to the needs and requirements of 
the populace. 
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, slhe 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 belongs 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 foundlings. This has often resulted to 
both confusion and discrimination of the child. It is in this wise that foundlings, 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. 
This bill is earnestly recommended for enactment without delay. 
~~J1k--
fGrCEPOE 


SIXTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
Third Regular Session 
'15 
AUG -5 P5 :10 
SENATE 
S.B. 2892 
. 
HECEIVED BY;~ 
--------------------------------------~--------------- -----------------------------------------------------------------~ 
Introduced by Senator Poe 
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: 
1 
Section 1. Short Title. - This Act shall be known as the "CNSP Birth Registration Act". 
2 
3 
Section 2. Declaration of Policy. - The State shall uphold the right of a child to a name 
4 
and nationality and to his immediate birth registration as laid down in the United Nations 
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Convention on the Rights of the Child as well as the United Nations Declaration of Human 
6 
Rights. 
7 
8 
The State recognizes the vulnerability of the Children in Need of Special Protection 
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(CNSP) and their greater need for care, guidance and protection. 
10 
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The State shall likewise safeguard these children from all acts of discrimination arising 
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from the circumstances of their birth and identity. 
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In this pursuit, the State shall afford their right to legal identity and protection through an 
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effective and responsive birth registration system. 
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Section 3. Definition of Terms. The following words and phrases shall mean: 
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19 
(a) "Armed conflict" means any use of force or armed violence between States or a 
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protracted armed violence between governmental authorities and organized armed groups or 
21 
between such groups within that State: Provided, That such force or armed violence gives rise, or 
22 
may give rise, to a situation to which the Geneva Conventions of 12 August 1949, including their 
23 
common Article 3, apply. Armed conflict may be international, that is, between two (2) or more 
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States, including belligerent occupation; or non-international, that is, between governmental 
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authorities and organized armed groups or between such groups within a state. It does not cover 
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internal disturbances or tensions such as riots, isolated and sporadic acts of violence or other acts 
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of a similar nature. 
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(b) "Birth Registration" is the continuous, permanent and universal recording, within the 
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civil registry, of the occurrence and characteristics of births in accordance with the legal 
31 
requirements of the Philippines. 
32 
33 
(c) "Children in Need of Special Protection" (CNSP) refer to all persons below 18 years 
34 
of age, or those 18 years old and over but are unable to take care of themselves because of 
35 
physical or mental disability or conditions; who are vulnerable to or are victims of abuse, 
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neglect, exploitation, cruelty, discrimination, violence (armed conflict, domestic violence), 
2 
natural calamities, man-made disasters, and other analogous conditions prejudicial to their 
3 
development, at any given time. CNSP include but are not limited to: 
4 
1. Sexually/physically-abused children; 
5 
2. Children in commercial sexual exploitation; 
6 
3. Children at risk and in conflict with the law; 
7 
4. Children in situations of armed conflict; 
8 
5. Working children or victims of child labor; 
9 
6. Children in various circumstances of disability; 
10 
7. Children directly affected by HIV I AIDS and other sexually-
transmitted 
11 
infections (STIs); 
12 
8. Street children; 
13 
9. Children with substance abuse; 
14 
10. Mentally challenged children; 
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11. Abandoned children/ children without primary caregiver; 
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12. Displaced children/refugee children/stateless children; 
17 
13. Foundlings as defined under Rule 26 of AO No. 01, series of 1993. 
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19 
For purposes of this Act, the term CNSP shall include all children under the defining 
20 
circumstances ofthis Section, who may be located in child-care foundations or elsewhere. 
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(d) "Child Case Study Report" refers to a written report prepared by a social worker 
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containing all the necessary information about a child. 
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(e) "CNSP Certification" refers to the document issued by the DSWD Regional Field 
26 
Office affirming the CNSP status of the child. 
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(f) "City or Municipal civil registrar" refers to the head of the local civil registry office of 
29 
the city or municipality, as the case may be, who is appointed as such by the city or municipal 
30 
mayor in accordance with the provisions of existing laws. 
31 
32 
(f) "Disaster" is a serious disruption of the functioning of a community or a society 
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involving widespread human, material, economic or environmental losses and impacts, which 
34 
exceeds the ability of the affected community or society to cope using its own resources. 
35 
Disasters are often described as a result of the combination of: the exposure to a hazard; the 
36 
conditions of vulnerability that are present; and insufficient capacity or measures to reduce or 
37 
cope with the potential negative consequences, Disaster impacts may include loss of life, injury, 
38 
disease and other negative effects on human, physical, mental and social well-being, together 
39 
with damage to property, destruction of assets, loss of services, Social and economic disruption 
40 
and enviroumental degradation. Disaster may be further classified as: 
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48 
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1. 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, brings economic and social costs. 
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(g) "DSWD" shall refer to the Department of Social Welfare and Development Office, 
2 
including its Regional Field Offices and the social welfare and development offices of the local 
3 
govermnent units (provincial, city, and municipal). 
4 
5 
(h) "Finder" is any person who finds or rescues a CNSP as defined in this Act. 
6 
(i) 
"Foundling" is a deserted or abandoned infant or a child found, with parents, 
7 
guardian, or relatives being unknown, or a child committed in an orphanage or charitable or 
8 
similar institution with unknown facts of birth and parentage. 
9 
10 
G) "MUltiple Registration" occurs when the same event of birth of the same party is 
11 
registered more than once. In this case, the presence of the first registration will invalidate the 
12 
succeeding registrations of the same event. However, if there is a court order invalidating the 
13 
first registration, the succeeding registration becomes valid and this, the LCR can legally issue 
14 
certification of the requested document based on the succeeding registration. Otherwise, the 
15 
following guidelines should be followed: 
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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. 
29 
(k) "Negative Certification" is a declaration issued by the Philippine Statistics Authority 
30 
that they do not possess the requested record of birth. 
31 
32 
(I) "Onmibus Certification" is a list issued by the Philippine Statistics Authority 
33 
indicating whether the individuals whose records are being verified, are in the custody of the 
34 
PSA. It is commonly issued upon the request of an organization, agency or department. 
35 
36 
(m) "Philippine Statistics Authority" was created pursuant to Republic Act 10635 and is 
37 
the primary agency responsible for all national censuses and surveys, sectoral statistics, 
38 
consolidation of selected administrative recording systems and compilation of the national 
39 
accounts. It is constituted from among the existing personnel of the major statistical agencies 
40 
engaged in primary data collection and compilation of secondary data, i.e., the National Statistics 
41 
Office; the Technical Staff of the National Statistical Coordination Board; the Bureau of 
42 
Agricultural Statistics,; and the Bureau of Labor and Employment Statistics. 
43 
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Section 4. Process for Referring a CNSP. A Finder in custody of a CNSP shall, within 
45 
forty-eight (48) hours, refer the CNSP to any of the following receiving agencies for 
46 
documentation and evaluation: 
47 
(a) 
Nearest Regional Field or Provincial Office of the Department of Social Welfare 
48 
and Development office or the local social welfare and development divisions; or 
49 
(b) 
Punong Barangay of the locality where the CNSP was found; or 
50 
(c) 
Nearest police station; or 
51 
(d) 
Child-care foundations. 
52 
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Should the receiving agency determine upon referral that the child needs medical 
2 
attention, the receiving agency shall immediately bring the child to the nearest medical facility 
3 
for the necessary treatment. 
4 
5 
The receiving agency shall thereafter endeavour to determine if the child is without a 
6 
primary caregiver or guardian or a suitable individual who can have temporary custody of the 
7 
child. In all instances, the best interest of the child shall be the paramount consideration in 
8 
choosing hislher guardian. 
9 
10 
In the absence of any suitable guardian, the Punong Barangay or the police authority 
11 
shall facilitate the commitment of the child to the nearest Regional Field or Provincial Office of 
12 
the Department of Social Welfare and Development office or the local social welfare and 
13 
development divisions, or to a duly licensed and accredited orphanage or charitable institution. 
14 
15 
Section 5. Who Shall Register a CNSP. 
The following are the persons responsible to 
16 
register a CNSP: 
17 
(a) 
The licensed social worker who has custody of the CNSP; or 
18 
(b) 
Those persons or institutions who are in immediate and protective custody of the 
19 
CNSP. 
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In both cases, a CNSP Certification issued by the nearest Regional Field Office of the 
22 
DSWD shall be presented by the custodian of the child when registering. 
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The persons referred to in this section should first endeavour to gather information from 
25 
anyone knowledgeable on the matter, as to whether the child has already been registered. 
26 
Otherwise, data as to the details of the child's birth should be obtained for purposes of filling out 
27 
the Certificate of Live Birth (COLB). 
28 
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Section 6. Place of Registration and Reglementary Period. 
The registration of CNSP 
30 
shall be made in the Local Civil Registry Office (LCRO) where the child was born, if known. If 
31 
the place of birth is unknown, the registration shall be made in the place where the child was 
32 
found. 
33 
34 
The registration shall be made sixty (60) days from the date of the actual custody of the 
35 
child by the persons enumerated in Section 5 hereof, except during armed conflicts, emergencies, 
36 
and disasters, in which case registration shall be made sixty (60) days after the official 
37 
pronouncement ofthe cessation thereof. 
38 
39 
Section 7. Requirements for the Registration of CNSPs. The following requirements 
40 
shall be complied with for the registration of birth of a CNSP: 
41 
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(a) 
(b) 
(c) 
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. 
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: 
1. Name of the child; 
2. Sex of the child; 
3. Date of birth; 
4. Place of birth; 
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5. Name of at least one parent; and 
6. Citizenship of parent/so 
4 
For unfilled items in the Certificate of Live Birth (COLB), the word "Unknown" is 
5 
acceptable. 
6 
7 
The approximate date of birth of the child may be certified by medical/dental 
8 
practitioners as proof of age. Such certification shall be provided by the medical/dental 
9 
practitioner upon presentation of the requirements listed as (a) and (b) of this Section. 
10 
11 
Section 8. Fees. No fees and other related charges such as processing fees and/or 
12 
penalties shall be imposed on the registration of births of CNSPs within the reglementary period. 
13 
14 
Section 9. Multiple Registration. In case of multiple registration of CNSPs, the, PSA 
15 
guidelines on double or multiple registration shall be followed. 
16 
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Section 10. Regular Reporting. The LCR shall submit the list of registered CNSPs to 
18 
DSWD and PSA every tenth day of the month. 
19 
20 
Section 
11. No Annotations on the COLB. No annotations shall be indicated on the 
21 
Certificate of Live Birth of the CNSP. A temporary marking shall be made only for purposes of 
22 
recording and shall be subsequently erased upon final issuance of the registered COLB. 
23 
24 
Section 12. Penal Provisions. Any person who refuses to comply with the provisions of 
25 
this Act or any violation of the preceding Sections fined the amount of Ten thousand pesos (PhP 
26 
10,000.00) to Thirty thousand pesos (PhP 30,000.00), at the discretion of the court, without 
27 
prejudice to further disciplinary action against the erring officer or medical/dental professional 
28 
and the suspension of accreditation in the case of institutions. 
29 
30 
Section 13. Implementing Rules and Regulations. - Within ninety (90) days from the 
31 
effectivity of this Act, the Secretary of the Department of Social Welfare and Development 
32 
(DSWD) shall, in coordination with the Secretary ofthe Interior and Local Govermnent (DILG), 
33 
the Philippine Statistics Authority (PSA), the Council for the Welfare of Children (CWC) and 
34 
representatives of children's organizations and academic communities, promulgate rules and 
35 
regulations necessary for the effectivity of this Act. 
36 
37 
Section 14. Appropriation. To carry out the provisions of this Act, such amount as may 
38 
be necessary is hereby authorized to be appropriated from the National Treasury. Thereafter, the 
39 
amount necessary for the continuous operation of this program shall be included in the annual 
40 
appropriation of the DSWD, PSA and DILG. 
41 
42 
Section 15. Separability Clause. - If any provision or part hereof is held invalid or 
43 
unconstitutional, the remainder of the law or the provision not otherwise affected shall remain 
44 
valid and subsisting. 
45 
46 
Section 16. Repealing Clause. - Any law, presidential decree or issuance, executive 
47 
order, letter of instruction, administrative order, rule or regulation contrary to or inconsistent 
48 
with any provision of this Act is hereby repealed, modified, or amended accordingly. 
49 
50 
Section 17. Effectivity Clause. -This Act shall take effect fifteen (15) days after its 
51 
complete publication in the Official Gazette or in at least two (2) newspapers of general 
52 
circulation, whichever comes earlier. 
53 
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Approved, 
5