Seventeenth Congress
Third Regular Session

HOUSE BILL NO. 8738

Introduced by Representative Carlo V. Lopez

EXPLANATORY NOTE

The 1987 Constitution recognizes the fundamental right of every person to be
free from any form of discrimination, Section 1, Article Il, states that: “The State
values the dignity of every human person and guarantees full respect for human
rights.”

Also, Section 1,Article XIII, provides that “The Congress shall give highest
priority to the enactment of measures that protect and enhance the right of all the
people to human dignity, reduce social, economic, and political inequalities, and
remove cultural inequities xxx.”

As the most vulnerable sector to discrimination, children are given the highest
form of protection by the State.

Presidential Decree No. 603, otherwise known as “The Child and Youth
Welfare Code” was issued to promote the rights of the child and the role and
responsibilities of the parents, the school and the church in honing a child towards a
useful and responsible adulthood.

In an effort to harmonize the principles and standards of international
conventions and agreements on child welfare with the national legislations, the
Philippines acceded to international instruments like the United Nations Convention
on the Rights of a Child (UNCRC). Article II of the UNCRC directs all signatories
that “State parties shall respect and ensure the rights set forth in the present
Convention to each child within their jurisdiction without discrimination of any kind,
irrespective of the child's or his or her parent's or legal guardian's race, color, sex,
language, religion, political or other opinion, national, ethnic or social origin,
property, disability, birth or other status.”

In 1988, Executive Order No. 209, otherwise known as “The Family Code of
the Philippines” was issued barring an illegitimate child from carrying the sumame of
his biological father. Article 176 of EO. No. 209 specifically provided that
“Illegitimate children shall use the surname and shall be under the parental authority
of their mother xxx”. Aside from being restricted from using the father’s surname, an
illegitimate child’s birth certificate bears no entries of his middle name and the date of
marriage of his parents. These entries in an illegitimate child’s birth certificate add up
to the already hard realities that illegitimate children have to contend with as the

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consequence of the transgressions which, in the first place, are not theirs, but of their
parents.

The latest data from the Philippine Statistics Authority shows that almost half
or 49.2 % of the total 1,731,289 registered live births in 2016 were bom out of
wedlock. With this rise in illegitimate child birth in recent years, amendment to and
review of the existing laws on the protection of children become imperative.

Legislative measures in other countries reflect the evolving acceptance of
illegitimate children as human beings with rights not too distant, if not equal to that of
legitimate children. With the passage of Republic Act No. 9255 entitled, “An Act
Allowing Illegitimate Children to Use the Surname of Their Father, Amending for the
Purpose Article 176 of Executive Order No. 209, otherwise known as the “The Family
Code of the Philippines” Congress has significantly progressed in bridging the gap
between the rights and privileges that legitimate and illegitimate children enjoy.

RA No. 9255 which amended Article 176 of the Family Code now entitles
illegitimate children to carry the surname of their fathers provided that they are
expressly recognized as shown in their record of birth or if there is an admission of
their filiation by the father contained in a public document or a private handwritten
instrument. While the parental authority of an illegitimate child shall be with the
mother, the father of an illegitimate child who recognizes him may now be entitled to
visitorial rights to enable the father to establish a bond with the child, provide
emotional support, and share in the child’s rearing and development.

With all the laws recognizing and promoting the rights of illegitimate children
or those bom out of wedlock, there are still several gaps in legislation for the
protection of children, especially the illegitimate ones, which need to be addressed.
For instance, there are educational institutions that refuse admission of illegitimate
children to their schools. This practice of refusing school admission of children born
out of wedlock contradicts Section 1, Article XIV of the 1987 Constitution which
provides that “The State shall protect and promote the right of all citizens to quality
education at all levels and shall take appropriate steps to make such education
accessible to all.”Further, this practice debases the intrinsic worth and dignity of a
child and poses a negative effect on a child’s psychological state and sense of security
as a human being,

In order to provide illegitimate children with a fair and protective academic
playing field, spare them from the stigma usually attached to their being born out of
wedlock, and to equip them with quality education as we gear them up as the future
nation-builders, passage of this bill is earnestly sought.

CARLO PEZ


Seventeenth Congress
Third Regular Session

HOUSE BILL NO. 8738

Introduced by Representative Carlo V. Lopez

AN ACT
PROHIBITING DISCRIMINATION AGAINST CHILDREN ON
ACCOUNT OF ILLEGITIMACY OR BIRTH OUT OF WEDLOCK AND
PROVIDING PENALTIES THEREFOR

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

SECTION 1.Short Title— This Act shall be known as the “Anti-
Discrimination of Illegitimacy Act.”

SEC. 2. Declaration of Policy.— \t is the policy of the State to protect and
promote the right of all citizens to quality education at all levels and to take
appropriate steps to make such education accessible to all. For this purpose, the
State shall consistently work toward the elimination of all forms of
discrimination against children by reason of illegitimacy orbeing born out of
wedlock.

SEC. 3. UnlawfulDiscrimination. —As used in this Act, discrimination
refers to any distinction, exclusion, restriction, or preference which is based on
the child’s illegitimacy or birth out of wedlock.

It shall be unlawful for any person, natural or juridical, to engage in any

of the following acts of discrimination:


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(a) Refusing admission or expelling from any educational or
training institution on the basis of a child’s illegitimacy or birth out of
wedlock;

(b) Including the illegitimate birth of a child in the criteria for
admission, transfer, dismissal, access to scholastic development
opportunities, trainings, grants or scholarships;

(c) Imposing school requirements, restrictions or prohibitions that
are harsher than what are customary and which infringe on the rights of
the child by reason of the child’s illegitimacy or birth out of wedlock;

(d) Publishing information intended to cast out or reveal the
illegitimate birth status of a child without the consent of the parents or
guardian or if such publication has been deliberately made with malicious
intent;

(©) Making derogatory comments through any form of medium
which tend to annoy, insult, bully, demean, offend, threaten, intimidate,
alarm or create a hostile or emotionally distressing environment and
which behavior is motivated by the offender’s bias, belief or perception
regarding the child’s illegitimacy or birth out of wedlock; and

(£) Subjecting a child to any other analogous acts that shall have
the effect or purpose of impairing or nullifying the enjoyment,

recognition, or exercise of the child’s rights and freedoms.


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As used in this Act, children conceived and born outside a valid marriage
are illegitimate as provided under Executive Order No. 209, Series of 1987,
otherwise known as the “Family Code of the Philippines.”

SEC.4. Penalties Any person who commits any of the discriminatory
practices mentioned in Section 3 of this Act shall, upon conviction, pay a fine of
not less than Two hundred thousand pesos (P200,000.00) but not more than
Five hundred thousand pesos, or imprisonment of not less than one (1) year but
not more than six (6) years, or both, at the discretion of the court. In addition,
the court may impose upon a person found to have committed any of the
prohibited acts the rendition of community service in terms of attendance in
human rights education’s familiarization with and exposure to the plight of
children discriminated by reason of their illegitimacy or birth out of wedlock.

If the violation or offense is committed by a corporation, partnership,
association or other juridical entities, the penalty provided for in this section
shall be imposed upon the directors, officers, employees or other officials or

persons therein responsible for the offense without prejudice to the civil

liabil

ies arising from the criminal offense.
Any action arising from the violation of the provisions of this Act shall
prescribe in three (3) years.

SEC. 5. Programs to Promote Non-Discrimination. — The State shall
pursue initiatives and programs that seek to establish and maintain an

environment free of stigma and discrimination. The State shall direct and


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utilize its machinery and resources to promote non-discrimination and shall
encourage other sectors of the society to engage and participate in the

implementation of the following programs:

(a) Social Protection Programs- The National Government shall
ensure that a child or student vulnerable to stigma and discrimination on
the basis of the child’s illegitimacy or birth out of wedlock are integrated
into government-run social protection programs; and

(b) Diversity Programs and Trainings — All government agencies,
including government-owned and -controlled corporations, local
government units, private business organizations, public and private
educational institutions, and other entities shall establish diversity
programs. These institutions shall also endeavor to provide or conduct
trainings for their staff, employees, students and trainees, and constituents
to ensure that human rights violations and violence on the basis of the
child’s illegitimacy or birth out of wedlock are prevented.

Such institutions may incorporate these activities into their existing
development training programs or school curricula. The above-listed
agencies, business organizations and institutions shall create an internal
redress mechanism to address cases of discrimination and develop
administrative remedies or sanctions for such cases.

SEC. 6. Implementing Rules and Regulations. Within sixty (60)

22 days from the effectivity of this Act, the Department of Education shall, in


coordination with the Commission on Higher Education, the Technical
Education and Skills Development Authority, the Commission on Human
Rights, the National Youth Commission, the Philippine Statistics Authority, and
the Department of Labor and Employment, promulgate the necessary rules and
regulations for the effective implementation of the provisions of this Act.

SEC. 7. Repealing Clause. — All laws, decrees, executive orders,
proclamations, executive issuances or parts thereof which are inconsistent with
or contrary to the provisions of this Actare hereby repealed or modified
accordingly.

SEC. 8. Effectivity Clause. This Act shall take effect fifteen (15) days
after its publication in the Official Gazette or in a newspaper of general
circulation.

Approved,