., , 
SIXTEENTH CONGRESS OF THE REPUBLIC ) 
OF THE PHILIPPINES 
) 
First Regular Session 
, ) 
SEN A Tf261 
S. B. No. 
I" 
Introduced by Senator Maria Lourdes Nancy S. Binay' 
EXPLANATORY NOTE 
"13 
AUG -8 P2 :59 
In accordance with the tenets set forth in the United Nations ("UN") Convention on the Rights of 
the Child; UN Declaration on Social and Legal Principles Relating to the Protection and Welfare 
of Children with Special Reference to Foster Placement and Adoption; and the Hague 
Convention on the Protection of Children and Cooperation in Respect of Inter-Country 
Adoption, the paramount consideration in adoption shall be the best interest of children. 
Notwithstanding this noble intent, the continuing disparate treatment under Republic Act No. 
8552, otherwise known as the Domestic Adoption Act of 1998, between legitimate and adopted 
children in terms of successional rights have institutionalized a social stigma on adopted children 
relegating them to a "second class of legitimate children". Consistent with the principle that our 
laws should endeavor to protect the best interest of children, regardless of status, the proposed 
law seeks to grant adopted children the same successional rights as legitimate children. 
In view of the foregoing, the timely passage ofthis bill i,s earnestly recommended. 
Senator 
,I 
" I!IIII i 
',I Iljl! 


SIXTEENTH CONGRESS OF THE REPUBLIC ) 
OF TI-IE PHILIPPINES 
) 
First Regular Session 
) 
'13 
AUG -8 P 2 :59 
SENATE 
S. B. No. ---12.61 
Introduced by Senator Maria Lourdes Nancy S. Binay 
AN ACT IMPROVING THE STATUS OF ADOPTED CHILDREN 
AMENDING rOR Ti-IIS PURPOSE REPUBLIC ACT NO. 8552, OTHERWISE KNOWN AS 
THE DOMESTIC ADOPTION ACT OF 1998, AND FOR OTHER PURPOSES 
Be it enacted by the Senate and House of Representatives of the Philippines in Congress 
assembled: 
SECTION 1. Declaration of Policy. It shall be the policy of the State to promote domestic 
adoption. 
SECTION 2. Section 18 of Republic Act No. 8552, otherwise known as the Domestic Adoption 
Act of 1998 is hereby amended to read: 
"Section 18. Successional Rights. - [In legal and intestate succession, the] THE 
adopter(s) [and the adoptee] shall have [reciprocal rights of succession] THE 
RIGHT TO SUCCEED FROM THE ADOPTEE without distinction li'om 
legitilnate filiation. 
ADOPTED CHILDREN SHALL ENJOY FULL 
SUCCESSIONAL RIGHTS SIMILAR TO LEGITIMATE CHILDREN 
WITHOUT DISCRIMINATION AND/OR DISTINCTION OF ANY KIND 
WHATSOEVER." 
SECTION 3. Retroactive Effect. Section 2 of this Act shall be given retroactive effect except in 
cases where vested rights are impaired. 
'" .. 
SECTION 4. Repealing Clause. All other laws, decrees, orders, rules and regulations, or 
portions thereot: inconsistent with this Act are hereby repealed or modified accordingly. 
SECTION 5. Separability Clause. Should any part or provision of this Act be declared 
unconstitutional or invalid, other parts or provisions hereof not otherwise affected thereby shall 
remain in full force and effect. 
SECTION 6. E.ffectivity. This Act shall take effect fifteen (15) days after its publication in the 
Official Gazette or in at least two (2) newspapers of general circulation. 
Approved, 
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