FOURTEENTH CaNGRESS OF THE 1 
REPUBLIC OF THE PHILIPPINES 
} 
Second Regular Session 
1 
SENATE 
, 
S.B.No. 3389 
INTRODUCED BY SENATOR ALAN PETER “CQMPARERO” S. CAYETANO 
EXPLANATORYNOPE 
Children are blessings from God. The primary duty to care for the child 
belongs to his or her parents. In fact most parents would do anything for their 
children. Regardless of their financial status in life, parents will sacrifice much for the 
future of their children. 
The State support for this noble endeavor of parents caring for their children is 
enunciated in the constitutional declaration -“The natural and primary right and duty 
of parents in the rearing of the youth for civic efficiency and the development of 
moral character shall receive the support of the Government” (Article 11, Section 12 
Philippine Constitution). 
What happens when a child is orphaned? Orphaned children who lose their 
parents to death, or were abandoned are humanly alone in this world. Who or what 
organization will step in to provide and care for the child? While some are blessed by 
being adopted, many are left in orphanages. Orphanages usually don’t have enough 
funds to fully care for the child. Many times there is a scarcity of resources for the 
basic needs of health and education, 
The State cannot just standby and watch while orphans are suffering and just 
barely surviving. The State should stand in as a parent. As in the parens patriae 
doctrine, that the government is the ultimate guardian of all people. Indeed, while the 
doctrine finds application to all citizens, more so to children, mentally impaired 
persons, and other differently-abled individuals who are legally incompetent ta 
manage their affairs, there is a special call for its application to orphaned children 
who have no hand to hold but that of the State’s. Let us help them have confide’nce 
in that although bereft of parents, they have a country, their Motherland that 
understands their needs and will help them become the best persons they could 
possibly be. 
This proposed bill underscores the fact that while our orphanages and child- 
caring institutions need resources to accomplish their task. Addressing the orphans 
need should be a priority of the State. Let us be reminded that these children’s 
needs are no different from any other child of their age. 


This bill emphasizes the welfare and protection needed by the orphaned child 
by providing for health insurance, hospitalization support and annual medical and 
dental check-ups. These would help ensure the GOD health of the orphaned child 
and provide him or her sufficient flexibility to explore all his God-given skills and 
abilities and develop them to the fullest. 
We can start by adequately empowering our institutions in charge of the care 
of orphans to provide a comprehensive and sustained healthcare to their wards. With 
sound minds and healthy bodies, our country’s orphans will try to be on the same 
footing as other children with parents who have the ability to realize their own 
personal dreams in life and become good and productive citizens of our country. 
In view of the foregoing, immediate approval of this bill is earnestly sought 
SEN. ALAN PETER “COMPANERO” S. CAYETANO 


FOURTEENTH CONGRESS OF THE } 
REPUBLIC OF THE PHILIPPINES 
} 
Second Regular Session 
1 
SENATE 
/ 
INTRODUCED BY SENATOR ALAN PETER "COMPANERO" S. CAYETANO 
PROVIDING 
AN ACT 
FOR A SOCIAL JUSTICE AND WELFARE PROGRAM FOR THE 
MEDICAL CARE AND PROTECTION OF ORPHANS 
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 "Orphans' Welfare 
and Protection Act of 2009." 
Section 2. Declaration of Policy.- The State recognizes the right of the child 
to a full and decent life. As such, it is an acknowledged duty of the State to promote 
the welfare and protect the physical, moral, intellectual, and social well-being of the 
child, Furthermore, it is the policy of the State to assist, provide and protect the 
orphaned child in the absence of adoptive parents or guardians that may provide for 
them. Priority then shall be given to the health needs and welfare of the orphaned 
child. 
Section 3. Definition of Terms- For purposes of this Act, the following terms 
are defined: 
a,) "Child-Caring Institution" refers to any twenty-four hour resident group 
care service for the physical, mental, social and spiritual well-being of nine or 
more mentally gifted, dependent, abandoned, neglected, handicapped or 


disturbed children that is accredited with the Department of Social Welfare 
and Development (DSWD); 
b.) “Orphan” refers to a child, below 18 years old, who is left without any care or 
guardian by the death of his parents, or who is without proper parental care 
due to the disappearance for at least six continuous months of both his father 
and mother; 
c.) “Orphanage” refers to any DSWD-licensed orphanage that seeks to enrich 
the lives and enhance the physical, emotional, and social well being of 
orphaned children; 
d.) “Hospitalization” refers to the event of the orphan necessitating medical 
care in a hospital, whether in-patient or out-patient. 
Section 4,. Coverage.- All orphans, under the care of orphanages and child- 
caring institutions, whether public or private, with a reputable track record in 
participating and contributing to the betterment of the minor orphaned children shall 
be covered by the provisions of this Act. 
Section 5.- Insurance.- The Government of the Philippines shall provide for 
the contributions of every orphan, in accordance with Section 4 of this Act, to the 
National Health Insurance Program to qualify for the insurance benefits provided by 
the Philippine Health Insurance Corporation (Philhealth). A separate portion in the 
annual budget of the DSWD shall be allocated for the payment of the Philhealth 
premiums of the orphans in child-caring institutions. 
Section 6.- Hospitalization.- 
In the event that the hospitalization of the 
orphaned child is necessary to his or her health and well-being, the child-caring 
institution must immediately attend to such need. The hospitalization bill of the 
orphan shall be paid by the State through the DSWD. A special fund in the amount 
of at least Fifty Million Pesos (Php50,000.000.00) shall be set aside annually by the 
DSWD for the payment of such hospitalization bills. 
Section 7.- Annual Check-ups.- The child-caring institution or orphanage 
shall ensure that the orphans under its care and custody shall undergo annual 
medical and dental check-ups before public medical and dental facilities and 


hospitals. Such dental and medical annual check-ups shall be provided to them for 
free upon presentation of a certification and request from the DSWD. 
Section 8. Implementing Rules and Regulations. - The (DSWD) in 
consultation with the Department of Interior and Local Government (DILG), non- 
government organizations (NGO's) and other agencies deemed necessary to 
consult, shall issue the Implementing Rules and Regulations (IRR) within ninety (90) 
days after the approval of this Act. 
Section 9. Separability Clause. - If any provision of this Act is declared 
unconstitutional, the same shall not affect the validity and effectivity of the other 
provisions hereof. 
Section I O .  Repealing Clause.- All laws, decrees, orders, issuances or 
portions thereof, which are inconsistent with the provisions of this Act are hereby 
repealed or modified accordingly. 
Section 11. Effectivity - This Act shall take effect fifteen (15) days aftei- its 
publication in two (2) national newspapers of general circulation. 
Approved,