Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS

First Regular Session

House Bin No, 4635

Introduced by Representatives
DIOSDADO MACAPAGAL ARROYO and GLORIA MACAPAGAL ARROYO

AN ACT
PROVIDING FOR A SOCIAL JUSTICE AND WELFARE PROGRAM TO
SUPPORT AND CARE FOR ORPHANS BY CREATING A SPECIAL TRUST
FUND, AND FOR OTHER PURPOSES

EXPLANATORY NOTE

Paragraph (2), Section 3, of Article XV of the 1987 Constitution states that
“the State shall defend the right of children to assistance, including proper care
and nutrition, and special protection fram all forms of neglect, abuse, cruelty,
exploitation and other conditions prejudicial fo their development.”

Based on data from the World Health Organization (WHO) for the period
2005 to 2006, there are already more than three million orphaned children in the
Philippines. In line with the constitutional duty of the State to recognize the vital
role of the youth in nation-building and the State's duty to promote and protect
their physical, moral, spiritual, intellectual, and social well-being, focus should
also be given to the State's obligation ta support and care for our orphaned
minors.

There is therefore a need for the State to assist and protect our children
from any form of neglect, abuse, cruelty, exploitation and other conditions
detrimental to their development, especially orphaned minors, who have suffered
enough due to the death of their parents, or the stigma of being abandoned by
their own family.


This bill seeks to rectify the present plight of our orphaned minors by
providing a trust fund account for each orphaned minor under DSWD-accredited
private orphanages and other child-caring institutions accredited by the DSWD,
which the State has to fund quarterly, depositing a specified amount for each of
the trust fund account. The trust fund account matures when the orphaned minor
reaches the age of majority and whatever the amount the orphan receives should
give himvher a fresh start in life.

Due to above-cited reasons, the immediate passage of this bill is highly
requested

DIOSDADO APAGAL ARROYO GLORIA#MACAPAGAL ARROYO
Second District, Camarines Sur ‘Secorid District, Pampanga

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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
First Regular Session

House Bill No. 4615

Introduced by Representatives:
DIOSDADO MACAPAGAL ARROYO and GLORIA MACAPAGAL ARROYO:

AN ACT
PROVIDING FOR A SOCIAL JUSTICE AND WELFARE PROGRAM TO
SUPPORT AND CARE FOR ORPHANS BY CREATING A SPECIAL TRUST
FUND, AND FOR OTHER PURPOSES

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 “Orphaned
Minor’s Trust Fund Act of 2011."

SECTION 2. Declaration of Policy. - in line with the State policy
recognizing the vital role of the youth in nation-building and the State's duty to
promote and protect their physical, moral, spiritual, intellectual, and social wel+
being, it is hereby declared a policy of the State to support and care for orphaned
minors.

SECTION 3. Definition of Terms. — For purposes of this Act, the following
terms are defined:

a.) “Commercial Bank” refers to a reputable private financial institution
with a proven track record in the banking industry owned by a group of
individuals which accepts deposits, makes business loans, and offers
related services;


b.) ‘Orphaned Minor” refers to a child below the age of 18, who has
become an orphan by the death or disappearance of, or abandonment by,
both parents. The abandonment, disappearance should be for at least six
continuous months;

c.) ‘Orphanage’ refers to any DSWD-accredited orphanage catering to the
need of orphans or abandoned minors;

.) “Orphaned Minor's Trust Fund” refers in a special fund set aside for the
orphaned minors under the care of the DSWD or any DSWD-accredited
orphanage. The said fund shall operate as a special trust fund managed
by a reputable commercial bank;

e.) *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 coordinated with the Department of Social
Welfare and Development (DSWD);

£.) “Guardian” refers to the owner of the orphanage and/or any elder in the
orphanage tasked to keep an eye on the orphaned minor,

SECTION 4. Coverage. - This Act shall cover all orphaned minors, under
the care of the DSWD, public orphanages, DSWD-accredited private orphanages
and other child caring institutions that may be recognized by the DSWD in
accordance with the implementing rules and regulations of this Act.

SECTION 5. National Monitoring System for Orphaned Minors. - The
DSWD, in coordination with cther government agencies tasked with caring for the
welfare and development of children and the youth, shall come up with a
comprehensive monitoring system to address the needs of orphaned minors.
This system shall include, but not be limited to, coming up with an updated data
on the number, location and persona! profile of orphaned minors; profiling of
orphanages and child-caring institutions nationwide; and establishing a
transparent mechanism that would provide 4 grant of a reasonable lump sum
grant to orphaned minors who already tumed 18 years old and are ready to lead
a life on their own.

SECTION 6. Orphaned Minor’s Trust Fund. — A trust fund account in a
commercial bank or in a number of commercial banks as defined in this Act, shall
be opened in the name of every covered orphaned minor under a memorandum
of agreement (MOA) to be entered into by a commercial bank and the DSWD.
The DSWD, sourcing it from a regular annual appropriation item in its budget,
shall deposit the sum of Ten Thousand Pesos (PhP'10,000.00) quarterly in every
trust fund account until the account matures, unless terminated earlier by the
DSWD due to the death or ineligibility of the recipient.


Each of the trust fund account shall be opened by the DSWD based on a
verified list of orphans submitted by their respective orphanages and child-caring
insfitutions. To maintain the real purchasing value of the said amount through
the years, it shall be increased by the DSWD every three (3) years in proportion
to the average inflation rate for the said period as certified by the National
Economic Development Authority (NEDA).

Each covered orphan shall be entitled to the said quarterly deposit in
his/her trust fund for the entire duration that he/she was in an orphanage or child-
caring institution until he/she reaches the age of 18, In the event that the
orphaned minor has been rendered ineligible to receive the said fund, or dies
Prior to reaching the age of majority, the trust fund for such minor shall be
forfeited in favor of the State.

SECTION 7. Budgetary Requirements. — The DSWD shalt incorporate the
budgetary requirements of this Act in their annual budget proposal.

SECTION 8. implementing Rules and Regulations. -The DSWD, in
consultation with the Department of Interior and Local Government (DILG), the
National Economic and Development Authority (NEDA), non-govemmmental
organizations (NGO's) and other agencies they deem 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. — Hf any provision or part hereof, is held
invalid or unconstitutional, the remainder of the faw or the provision not otherwise
affected shall remain valid and subsisting.

SECTION 10. Repealing Clause. — All laws, presidential decrees or
issuances, executive orders, fetters of instruction, administrative orders or rules
and regulations, which may be inconsistent with this Act shall be deemed
repealed, amended or modified accordingly.

SECTION 11. Effectivity Clause. ~ This Act shall take effect fifteen (15)
days following its publication in two (2) newspapers of general circulation.

Approved,