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SEVENTEENTH CONGRESS OF THE )

REPUBLIC OF THE PHILIPPINES )
Second Regular Session ) "18 WR-5 p4a7
SENATE
s.No. 1725

Introduced by Senator Grace Poe

AN ACT
ALLOWING THE RECTIFICATION OF SIMULATED BIRTHS AND
PRESCRIBING ADMINISTRATIVE ADOPTION PROCEEDINGS FOR THE
PURPOSE

Explanatory Note

The 1987 Philippine Constitution is known for its social justice provisions as
governing light, viz:

* “The State shall promote social justice in all phases of national
development”;

* “The State values the dignity of every human person and guarantees
full respect for human rights.”2

These provisions of the supreme law is complemented by a specific dictum
enshrined in Section. 3 (2) , Article XV, declaring that “[t]he State shall 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.”

Further, Article 20 (3) of the Convention on the Rights of the Child for which
the Philippines is a signatory to mandates that State Parties shall ensure alternative
care for the child including adoption. It says:

' Article I, Section 10, 1987 Philippine Constitution



“When considering solutions, due regard shall be paid to the
desirability of continuity in a child's upbringing and to the child's
ethnic, religious, cultural and linguistic background.”

It is for above reasons that Republic Act No. 8552, otherwise known as the
Domestic Adoption Act, was signed into law. Aside from laying down the procedure
for formal adoption, R.A. 8552 also recognized informal adoptions or more
commonly known on the ground as simulated births.

While Section 21 (b) of the said Act penalizes “(a)ny person who shall cause
the fictitious registration of the birth of a child under the name(s) of a person(s) who
is not his/her biological parent(s)..”, it also provided for an amnesty for those who
did so for the best interest of the child. However, this amnesty resulted in a lacuna
in the law in that it only allowed the “rectification” of those who 1) did so before the
effectivity of the law on 22 March 1998; and (2) filed a petition for adoption within
five (5) years from the effectivity of the Act or until 22 March 2003.

Needless to say, this resulted to two absurd scenarios:

(1) Simulated births made after 22 March 1998 could not be “rectified”; and
(2) The five-year period for filing a Petition for Adoption with Rectification of
Simulated Birth ended in March 2003.

Because the formal adoption procedure remains tedious and excessively
costly for ordinary Filipinos, adoptions in the Philippines have been and continue to
be handled through simulation of birth. Unfortunately, since the periods in R.A. 8552
have lapsed, adopters have no other recourse but to persist with the practice. This
leaves a lot of adoptees under assumed filiation and unduly deprived of the benefits
of legitimacy and succession.

In order to address this, the bill seeks to allow the rectification of the
simulated birth where the simulation was made for the best interest of the child and
that such child has been consistently considered and treated by the person/s as
his/her/their own.



While a better solution would still be to do a comprehensive review and gap
analysis of the Domestic Adoption Act in order to make formal domestic adoption
accessible and more efficient, the State should offer a viable alternative to well-
meaning adopters who have been providing homes to adopted children.

For this purpose, the immediate passage of this bill is sought.

pi oe



te of the Secretary

SEVENTEENTH CONGRESS OF THE )

REPUBLIC OF THE PHILIPPINES )
Second Regular Session ) 18 MR-5 P4907
SENATE

s.no, 1725 aces pH

Introduced by Senator Grace Poe

AN ACT
ALLOWING THE RECTIFICATION OF SIMULATED BIRTHS AND
PRESCRIBING ADMINISTRATIVE ADOPTION PROCEEDINGS FOR THE
PURPOSE

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

ARTICLE I
GENERAL PROVISIONS

Section 1. Short Title. — This Act shall be known as the "Simulated Birth
Rectification Act”.

Sec. 2. Objectives. — This Act has the following objectives:

1. To allow the rectification of the simulated birth of a child where the
simulation was made for the best interest of the child and that such child has been
consistently considered and treated by the person or persons who simulated such
birth as his, her, or their own son or daughter;

2. To fix the status and filiation of a child whose birth was simulated by
giving such child all the benefits of adoption and ensuring that the child shall be
entitled to all the rights provided by law to legally adopted children, without any
discrimination of any kind, as well as to love, guidance, and support from the child’s
adoptive family;

3. To exempt from criminal, civil, and administrative liability those who
simulated the birth record of a child prior to the effectivity of the Act, provided that a



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petition for adoption with an application for the rectification of the simulated birth
record is filed within ten (10) years from the effectivity of the Act;

4. To provide for and allow a simpler and less costly administrative
adoption proceeding where the child has been living with the person or persons who.
simulated his or her birth record for at least three (3) years prior the filing of the
petition for adoption with an application for the rectification of the simulated birth as
Provided in this Act;

5. To educate and inform the public about the rectification of simulated
births and to encourage people to avail of the benefits of the Act.

Sec. 3. Definition of Terms. — As used in this Act:

(a) Child - refers to a person below eighteen (18) years of age, or a
person eighteen (18) years of age or over who is unable to fully take care of himself
or herself or protect himself or herself from abuse, neglect, cruelty, exploitation, or
discrimination because of a physical or mental disability or condition, whose birth
was simulated;

(b) Child Legally Available for Adoption - refers to a child in whose favor a
certification is issued by the Department of Social Welfare and Development (DSWD)
stating that such child is legally available for adoption after it has been established
that his or her birth was simulated and that the conditions provided for in this Act to
allow for the rectification of such simulated birth are present;

(c) _ Foundling — refers to a child who is abandoned and whose parentage is
unknown;

(d) _ Regional Director — refers to the head of a field office of the DSWD;

(e) Secretary - refers to the Secretary of Social Welfare and
Development;

(f) Simulation of birth — refers to the tampering of the civil registry to
make it appear in the record of birth that a child was born to a person who is not
such child’s biological mother, causing such child to lose his or her true identity and
status; and

(9) — Social Welfare and Development Officer — refers to the head of a city
or municipal social welfare development office, which serves as the frontline of a city



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or municipal government in the delivery of social welfare and development programs
and services.

Sec. 4. Rectification of Simulated Births. — Notwithstanding any provision of
law to the contrary, a person or persons who, prior to the effectivity of this Act,
simulated the birth of a child, and those who cooperated in the execution of such
simulation, shall not be criminally, civilly, or administratively liable for such act;
Provided, that the simulation of birth was made for the best interest of the child and
that the child has been consistently considered and treated by such person or
persons as his, her, or their own son or daughter; Provided, further, that such
person or persons has or have filed a petition for adoption with an application for
the rectification of the simulated birth within ten (10) years from the effectivity of
this Act.

Sec. 5. Administrative Adoption and Rectification. — A person or persons who
simulated the birth of a child may avail of administrative proceedings for the
adoption and rectification of the simulated birth of such child; Provided, that the
child has been living with the person for at least three (3) years prior the filing of the
petition for adoption with an application for the rectification of the simulated birth as
Provided in this Act; Provided, further, that a certificate declaring the child legally
available for adoption (CDCLAA) is issued by the DSWD in favor of such child.

Sec. 6. Non-admissible Evidence. — All petitions, documents, records, and
papers relating to adoption and rectification of simulated births under this Act cannot
be used as evidence against those who simulated the birth of a child or who
cooperated in the execution of such simulation in any criminal, civil or administrative
proceeding.

ARTICLE III
Additional Requisites for Administrative Adoption
Sec. 7. Personal Qualifications. - Adopters must:
(a) Be Filipino citizens and of legal age;
(b) Possess full civil capacity and legal rights;
(c) Be of good moral character;
(d) Have not been convicted of any crime involving moral turpitude;

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(e) Be emotionally and psychologically capable of caring for children; and

(f) Be in a position to support and care for the child in keeping with the

means of the family.

Sec. 8. Required Consent. — After being properly counselled and informed of
the right to give or withhold approval of the adoption, the written consent of the
following shall be required:

(a) the adoptee, if ten (10) years of age or over;

(b) the biological parent of the child, if known;

(c) the legitimate and adopted sons and daughters, ten (10) years of age or

over, of the adopter and adoptee, if any;

(d) the illegitimate sons and daughters, ten (10) years of age or over, of the

adoptee if living with said adopter and the latter’s spouse, if any; and

(e) the spouse, if any, of the adopter and adoptee.

ARTICLE IV
Administrative Adoption Procedure

Sec. 9. Petition. — The petition for adoption with application for rectification of
simulated birth record shall be in the form of an affidavit and shall be subscribed and
sworn to by the petitioner/s before any person authorized by law to administer
affirmations and oaths. It shall state the facts necessary to establish the merits of
the petition, the circumstances surrounding the simulation of the birth of the child.
The petition shall be supported by the following:

(a) a copy of simulated birth or foundling certificate of the child;

(b) affidavit of admission if the simulation of birth was done by a third person;

(c) certification issued and signed by the Punong Barangay attesting that the
petitioner/s is a resident/s of the barangay and that the child has been
living with the petitioner/s for at least three (3) years prior to the
effectivity of this Act;

(d) affidavits of at least two (2) disinterested persons, who reside in the same
barangay where the adoptee resides, attesting that the adoptee has been
living with the petitioner/s for at least three (3) years prior to the
effectivity of this Act;



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(e) CDCLAA issued by the DSWD; and
(f) photographs of the child and the petitioner/s taken within the last three
(3) months.

If the adoptee is already and adult, a CDCLAA shall no longer be required.

Sec. 10. Adoption Process. — The petition shall be filed with the Office of the
Social Welfare and Development Officer (SDWO) of the city or municipality where
the child resides. The SWDO shall have seven (7) days to examine the petition and
its supporting documents and determine whether the same is sufficient in form and
substance. If the SWDO finds that the petition is insufficient in form or substance,
the SWDO shall return the same to the petitioner with a written explanation of its
insufficiency. If the SWDO finds the petition sufficient in form and substance, the
SWDO shall forward the petition and the supporting documents within three (3) days
to the Regional Director.

The Regional Director shall review the petition, establish the identity of the
child, and prepare a recommendation on the petition and submit it with a copy of
the petition and its supporting documents to the Secretary not later than thirty (30)
days from receipt. The Regional Director may require the petitioner to submit
additional information or evidence to support the petition. The failure of the
petitioner to comply with such request shall not preclude the Regional Director from
acting on the petition based on the evidence on hand.

The Secretary of Social Work and Development shall act and decide on the
petition within thirty (30) days from receipt of the recommendation of the Regional
Director.

Sec. 11. Order of Adoption. — If the Secretary determines that the adoption
shall redound to the best interest of the child, an order of adoption shall be issued
which shall take effect on the date the petition was filed with the Office of the
SWDO, even if the petitioner dies before its issuance.

The order of adoption shall state the name by which the adoptee shall be
known and shall likewise direct the:

(a) cancellation of the simulated birth record of the child;

(b) issuance of a rectified birth record bearing the names of the biological

parents of the child or the foundling certificate; and

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(c) issuance of an amended birth certificate.

An administrative adoption order obtained under this Act shall have the same
effect as a decree of adoption issued pursuant to Republic Act No. 8552, otherwise
known as the Domestic Adoption Act.

Sec. 12. Civil Registry Record. — The Secretary shall immediately transmit the
order of adoption to the appropriate local civil registrar.

The Local Civil Registrar shall stamp the simulated birth record “cancelled”
with an annotation of the issuance of a new rectified certificate of birth in its place.
The rectified birth certificate bearing the names of the biological parents of the child
or the foundling certificate shall then likewise be stamped “cancelled” with the
annotation of the issuance of an amended birth certificate in its place and shall be
sealed in the civil registry records. Thereafter, the local civil registrar shall record,
register, and issue an amended certificate of birth, which shall not bear any notation
that is a new or amended issue.

Sec. 13. Socialized Fees. - The city or municipal SWDO, DSWD, and the
Office of the Local Civil Registrar may charge reasonable socialized fees to defray
the expenses of the administrative adoption proceedings under this Act.

Sec. 14. Confidentiality. — All petitions, documents, records, and papers
relating to administrative adoption proceedings in the files of the city of municipal
SWDOs, the DSWD Central and Field Offices, or any other agency or institution
Participating in such proceedings shall be kept strictly confidential. If the disclosure
of certain information to a third person is necessary for security reasons or for
Purposes connected with or arising out of the administrative adoption and will be for
the best interest of the adoptee, the Secretary may, upon appropriate request, order
the necessary information released, restricting the purposes for which it may be
used.

ARTICLE V
Effects of Administrative Adoption
Sec. 15. Legitimacy. - The adoptee shall be considered the legitimate son or
daughter of the adopter for all intents and purposes and as such is entitled to all the
rights and obligations provided by law to legitimate sons or daughters born to them

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without discrimination of any kind. To this end, the adoptee is entitle to love,
guidance and support in keeping with the means of the family.

Sec. 16. Parental Authority. — Except where a biological parents is the spouse
of the adopter, all legal ties between the biological parents and the adoptee shall be
severed and the same shall then be vested in the adopter.

Sec. 17. Succession. — In legal and intestate succession, the adopter and
adoptee shall have reciprocal rights of succession without the distinction from
legitimate filiation. However, if the adoptee and his or her biological parents left a
will, the law on testamentary succession shall govern.

ARTICLE VI
Rescission of Administrative Adoption

Sec. 18. Grounds for Rescission. - Upon petition of the adoptee, with the
assistance of the city or municipal SWDO or the DSWD if a minor or if over eighteen
(18) years of age but is incapacitated, the adoption may be rescinded on any of the
following grounds committed by the adopter:

(a) repeated physical or verbal maltreatment by the adopter despite having

undergone counselling;

(b) attempt on the life of the adoptee;

(c) sexual assault or violence;

(d) abandonment and failure to comply with parental obligations; or

(e)other acts that are detrimental to the psychological and emotional

development of the adoptee.

Adoption, being in the best interest of the child, shall not be subject to
rescission by the adopter. However, the adopter may disinherit the adoptee for
causes provided in Article 919 of the Civil Code.

Sec. 19. Rescission of Administrative Adoption. - The process for
administrative adoption as provided under Section 10 of this Act shall apply to the
rescission of administrative adoption: Provided, that the concerned SWDO, Regional
Director, and the Secretary shall act on the petition for rescission immediately
bearing in mind the best interest of the child.



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Sec. 20. Effects of Rescission. — If the petition for rescission of administrative
adoption is granted by the Secretary, the parental authority of the adoptee’s
biological parents, if known, shall be restored if the adoptee is still a minor or
incapacitated. The reciprocal rights and obligations of the adopter and the adoptee
to each other shall be extinguished.

The Secretary shall furnish a copy of the order of rescission to the local civil
registrar concerned who shall thereafter cancel the amended certificate of birth of
the adoptee and restore the adoptee’s rectified birth certificate bearing the name/s
of the latter’s biological parents or the foundling certificate, as the case may be.

Successional rights shall revert to its status prior to adoption, but only as of
the date of judgment of administrative rescission. Vested rights acquired prior to
administrative rescission shall be respected.

All the foregoing effects of rescission of adoption shall be without prejudice to
the penalties imposable under the Revised Penal Code I the criminal acts are
properly proven.

ARTICLE VII
Violations and Penalties
Sec. 21. Violation and Penalties. - The penalty of imprisonment ranging from
sic (6) years and one (1) day to twelve (12) years and/or a fine not less than fifty
thousand pesos (P50,000.00), but not more than two hundred thousand pesos
(P200,000.00) at the discretion of the court shall be imposed on any of the following
acts:
(a) obtaining consent for an adoption through coercion, undue influence,
fraud, improper material inducement, or other similar acts;
(b) non-compliance with the procedures and safeguards provided by law for
the adoption; or
(c) subjecting or exposing the child to be adopted to danger, abuse, or
exploitation.

ARTICLE VIII
Final Provisions

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Sec. 22. Information Dissemination. - The DSWD, in coordination with the
Department of the Interior and Local Government (DILG), the Philippine Commission
‘on Women (PCW), the Council for the Welfare of the Children (CWC) and the
Philippine Statistics Authority (PSA) shall disseminate information to the public
regarding this Act and its implementation.

Sec. 23. Implementing Rules and Regulations, - The Secretary after due
consultation with the PSA, DILG, PCW, and the CWC shall issue such rules and
regulations for the effective implementation of this Act within thirty (30) days from
its effectivity.

Sec. 24. Separability Clause. — If any section or provision of this Act is held
unconstitutional or invalid, any other section or provision not affected thereby shall
remain valid and effective.

Sec. 25. Repealing Clause. — All laws, decrees, orders, rules and regulations
inconsistent with the provisions of this Act are hereby repealed or modified
accordingly.

Sec. 26. Effectivity. — This Act shall take effect after fifteen (15) days
following the completion of its publication either in the Official Gazette or in a
newspaper of general circulation in the Philippines.

Approved,