Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
First Regular Session

HOUSE BILL No,__i'794

Introduced by: Honorable Mar-Len Abigail S. Binay

EXPLANATORY NOTE

The primary function of Republic Act No. 8552, otherwise known as the “Domestic
Adoption Act of 1998” is to provide amnesty to individuals who have already falsified birth
certificates or are already in the process of undertaking similar procedures in the hope of
legitimizing their custody and care over a child. Given that the law is only applicable to the
individuals acting out of good faith, for the sole purpose of caring for and the protection of the
child, the state recognizes the absurdity in punishing these persons.

This proposed measure aims to repeal the prescriptive period originally provided for under
Section 22 of the Act, to effectively remove the time constraint governing the applicability of the
amnesty offered to the concerned individuals, and ultimately the completion of the proper
registration processes. The initial allotted time period of five (5) years from the passage of this
Act to an unlimited time thereafter is hereby strongly suggested, for the Act to be made more
manifest and consequently, much more effective in its implementation.

Upon approval of this proposed measure, the affected individuals need not concern
themselves anymore with the legal time constraint imposed upon the completion of the adoption
process, This in turn would lead to greater participation and motivation to undergo the proper
process, ensuring the enforceability of the law for future cases. The occurrence of which can
only bring positive changes to the development of the procedures for domestic adoption, as this
would put a specific and organized system in place.

‘As a result from this measure, the Department of Social Welfare and Development shall be
able to perform its duties in a more efficient and practical manner, since the participation of the
affected individuals and the local government units in these matters is made much more

concrete, thereby saving precious funds and resources allocated to these agencies.

Therefore, it is respectfully prayed of this 15 Congress that an amendment to RA 8552 be
made for the reasons herein discussed

wnnalt ABIGAIL S, BINAY


24
25

26

Republic of the Philippines
HOUSE OF REPRESENTATIVES,
Quezon City

FIFTEENTH CONGRESS
First Regular Session

«gi
HOUSE BILL i739

Introduced by: Honorable Mar-Len Abigail S. Binay

AN ACT
AMENDING SECTION 22 OF REPUBLIC ACT NO. 8552, OTHERWISE KNOWN AS THE
“DOMESTIC ADOPTION ACT OF 1998”

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

SECTION 1. Section 22 of Republic Act No. 8552 is hereby amended to read as
follows:

“SEC. 22. Rectification of Births. — A person who has simulated birth of a child shall
not be punished for such act: Provided, That the simulation was made for the best interest of
the child and that he/she is consistently considered and treated by that person as his/her own
son/daughter; Provided, further, That the application for the correction of the birth
registration and petition for adoption shall be filed within-five (5)-years from-the-effeetivity
of this Aet-and completed thereafter; Provided, finally, That such person complies with the
procedures as specified in Article IV of this Act and other requirements as determined by the

Department.”

THE DEPARTMENT OF SOCIAL WELFARE AND DEVELOPMENT SHALL ALSO
CLOSELY COORDINATE WITH THE LOCAL GOVERNMENT UNITS TO
SUCCESSFULLY DISSEMINATE THIS INFORMATION TO THEIR RESPECTIVE
TERRITORIAL JURISDICTION.

SEC. 4. REPEALING CLAUSE. - All other laws, decrees, executive orders, and other
administrative issuances and parts thereof which are inconsistent with the provisions of this Act

are hereby modified, amended, superseded or repealed accordingly.
SEC. 5. EFFECTIVITY. - This Act shall take effect after fifteen (15) days following the

completion of its publication in the Official Gazette or any major daily newspaper of general
circulation in the Philippines.

Approved,