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Republic of the Philippines
HOUSE OF REPRESENTATIVES.
Quezon City, Metro Manila

EIGHTEENTH CONGRESS
First Regular Session

House Bill No. 2472

Introduced by Hon. RONNIE L. ONG

EXPLANATORY NOTE

Pursuant to our Constitution, our country took the obligation to the defend the right
of children to assistance and protect them from all forms of abuse and neglect. Towards
this end, we have put in place extensive laws recognizing the rights of children and the
need to protect them at various fronts such as the Child and Youth Welfare Code, Special
Protection of Children Against Abuse, Exploitation and Discrimination Act, Domestic
Adoption Act of 1998, Inter-Country Adoption Act of 1995, Foster Care Act of 2012, etc.
On top of these, we even ratified the UN Convention on the Rights of the Child and the
1966 International Covenant on Civil and Political Rights.

However, despite the plethora of laws, many children in the past and even today
remain vulnerable and are in danger of being deprived of countless rights and
opportunities. One such glaring gap in the law was brought to fore when the citizenship
of the Honorable Senator Grace Poe, a foundling, was questioned. While the Supreme
Court (SC) ruled in her favor, the overall legal backdrop was not encouraging- our present
and past Constitutions are textually silent on the citizenship status of foundlings (hence,
legal interpretations differ), Congress has not enacted a law specifically to address this
gap, other cases of foundlings may not be squarely supported by the SC decision and,
worse, the SC decision can be reversed anytime.

As found out, the 1935 Constitution failed to expressly state that foundlings are
natural-born citizens of the Philippines because, at that time, there was no need for such
provision since foundlings were just very few in numbers. However, after more than 8
decades, the situation has changed. Sen. Poe is just one of the thousands of other
foundlings to date who have already suffered enough emotionally and psychologically-
despite some of them thankfully ending up under the care of good adoptive parents. They
already started life in tragic circumstances having been abandoned outside churches, in
cemeteries and even on trash cans and left to fend for their lives. This emotional
brokenness they will carry as long as they live.

And they are suffering on the legal side too as exposed by the SC decision. The
current legal framework is adding insult to injury. In every case involving a foundling,
requiring him or her to present physical proof of blood relation to a Filipino parent before
he or she is considered natural-born citizen is an impossible, oppressive and
discriminatory condition. It is as if foundlings are second-class citizens only because of
the inability to identify their biological parents which they should never be blamed for.

The uncertainty surrounding the natural-born status of foundlings will also cast
doubt on a wide array of privileges available to them- whether or not they can avail some
state scholarships, if they can aspire for and practice some professions and if they qualify



reiterate the children’s right to support services for their survival and development and
the abuses that must be penalized to protect their welfare.

In addition, under the present practice, finding the parents of an abandoned child
or infant is not proactive- concerned officers will just wait for parents or relatives to show
up which rarely happens. This should not be the case. We aim to mandate the social
welfare officer, the finder and all other concerned agencies to conduct a proactive and
diligent search and inquiry into the facts of birth and parentage of the child. This will
increase the chances of being able to find the parents or relatives of the child and protect

him or her from the emotional, psychological and legal sufferings later on experienced by
foundlings.

This bill could be the start and could be a breath of fresh air for thousands of
abandoned children who have been legally put at a disadvantage for many decades now.

In view of the foregoing, immediate approval of this bill is immediately sought.



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

EIGHTEENTH CONGRESS
First Regular Session

House Bill No._9472_

Introduced by Hon. RONNIE L. ONG

AN ACT PROMOTING THE RIGHTS OF DESERTED OR ABANDONED CHILDREN
WITH UNKNOWN PARENTS, DECLARING THEIR STATUS AS NATURAL-BORN
CITIZENS OF THE PHILIPPINES AND PROVIDING PENALTIES AGAINST ACTS
INIMICAL TO THEIR WELFARE

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 "Foundling Welfare Act.”

SEC. 2. Declaration of Policy. The State values the dignity of every human
person and guarantees full respect for human rights. It is also the policy of the State to
defend the right of children to assistance, including proper care and nutrition and special
protection from all forms of neglect, abuse, cruelty, exploitation and other conditions
prejudicial to their development.

Toward this end, the State shall promote the welfare of abandoned infants and
children by proactively and diligently inquiring into the facts of their birth and parentage,
protect those with unknown parents by declaring their status as natural-born citizens
consistent with our Constitution and the generally accepted principles of international law,
ensure the provision of support services and penalize acts inimical to their welfare.

SEC. 3. Definition of Foundling. A foundling refers to a deserted or abandoned
child or infant with unknown facts of birth and parentage.

SEC. 4. Citizenship Status of Foundlings. All foundlings shall be recognized as
natural-born citizens of the Philippines, without need of perfection or any further act, and
shall automatically be accorded such rights and protection as those belonging to such
class of citizens. These include foundlings who are committed to orphanage and
charitable or government institutions or those who have undergone or are undergoing
adoption proceedings.

Such natural-born status of the child or infant shall not be impugned in any
proceeding all the days of his or her life unless substantial proof of foreign parentage is
shown. The said status shall not also be affected by the fact that the birth certificate of
the child is simulated or that there was an absence of a legal adoption process.


SEC. 5. Conduct of Search and Inquiry. Within fifteen (15) days after
commitment or submission of foundling report by the finder or other concerned person,
unless more time is needed in view of significant developments , the Department of Social
Welfare and Development (DSWD) or any of its duly licensed institution or non-
government organization (NGO) shall conduct 4 proactive and diligent search and inquiry
into the facts of birth and parentage of the child or infant.

In the conduct of the said search and inquiry, the DSWD or its licensed institution
or NGO shall call the assistance of the finder, the city, municipal and barangay LGUs, the
Philippine National Police, the Department of Health and government hospitals.

SEC. 6. Registration. \n addition to the affidavit of the finder and the certification
of the barangay captain or police authority, the report of the DSWD or the licensed
institution or NGO, duly signed by the authorized officer, showing the finding that the facts
on birth and parentage of the child or infant are unknown despite the proactive and diligent
search and inquiry, shall be required before causing the registration of the foundling.

The said report must be exhaustive and must include all facts that have been
gathered regarding the birth and parents of the foundiing.

SEC. 7. Support Services. The founding shall, as a matter of right, be entitled to
every available government program or service, including but not limited to, registration,
facilitation of documents for adoption, legal and police protection, proper nourishment and
medical care for their survival and development and admission to safe and secure child
centers.

The DSWD or its duly licensed institution or NGO, the concerned city, municipal or
barangay LGU, police authority and/or the finder shall, at all times, consider the best
interest of the foundlings in all actions concerning them or support services provided to
them.

SEC. 8. Penalties. The following are the penalties under this Act without prejudice
to other liabilities arising from existing civil, administrative and criminal laws for the same
act or violation:

1) The penalty of arresto mayor to prision correccional shall be imposed on any
person using the status of the child or person as foundling as a derogatory
remark or to cause dishonor to the child or person as a second-class citizen.

2)

A fine of PhP200,000.00 to PhP1,000,000.00, or imprisonment of not less than
one (1) month but not more than one (1) year, at the discretion of the court,
shall be imposed on any individual discriminating against foundlings in terms
of education, scholarship, practice of profession, etc., delaying the delivery of
services due to them or requiring them to prove their parentage before they can
exercise their rights as natural-born citizens. If the offense is committed by a
corporation, trust, firm, partnership or association or other entity, the penalty
shall be imposed upon the guilty officer or officers of such corporation, trust,
firm, partnership or association or entitv.


3) The penalty of prision correccional to prision mayor shall be imposed on any
private individual involved in the falsification of the registration of the supposed
foundling, including the documents required therefor. Any public officer
involved shall be punished by the penalty next higher in degree.

4)

The penaity of imprisonment of not less than six (6) months but not more than
five (5) years shall be imposed on the finder, DSWD or NGO staff, police
Officers, city, municipal and barangay officers, health employees, hospital staff
and any other concerned person refusing, delaying or obstructing the conduct
of search and inquiry into the facts of birth and parentage of the abandoned
child or infant.

5)

A fine of PhP1,000,000.00 to PhP5,000,000.00, or imprisonment of not less
than three (3) months but not more than two (2) years, at the discretion of the
court, shall be imposed on any person initiating a complaint found to be for the
purpose of harassing, annoying, vexing, persecuting or injuring the foundling
especially in his or her exercise of rights due to natural-born citizens.

SEC. 9. Implementing Rules and Regulations. The DSWD, in coordination with
the Department of Justice, Philippine Statistics Authority and other concerned agencies,
shall formulate its rules and regulations, including the list of support services to be given
to abandoned children, within ninety (90) days after the effectivity of this Act.

SEC. 10. Separability Clause. If any provision or part hereof is held invalid or
unconstitutional, the remaining provisions not affected thereby shall remain valid and
subsisting.

SEC. 11. Repealing Clause. Any law, presidential decree or issuance, executive
order, letter of instruction, administrative order, rule or regulation contrary to or
inconsistent with the provisions of this Act is hereby repealed, modified or amended
accordingly.

SEC, 12. Effectivity. This Act shall take effect fifteen (15) days after its publication
in the Official Gazette or in any two (2) newspapers of general circulation in the
Philippines.

Approved,