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Republic of the Philippines

House of Representatives
Batasan Pills, Queson City

Eighteenth Congress
First Regular Session
5175
HOUSE BILL NO.

Introduced by Representatives Florencio Gabriel “Bem” G. Noel

EXPLANATORY NOTE
“Those who have less in life, should have more in law” - Ramon Magsaysay Sr.

Article 2, Section 13 of the 1987 Philippine Constitution states that:
“The State recognizes the vital role of the youth in nation-building and
shall promote and protect their physical, moral, spiritual, intellectual, and
social well-being. It shall inculcate in the youth patriotism and
nationalism, and encourage their involvement in public and civic
affairs.”

Additionally, Article 15, Section 3, par. 2 states that:
“The State also recognizes 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.”

Many children today are faced with the challenges of growing up deprived of
the proper care and support that a family essentially provides. These disadvantaged
children are often one of the most forgotten members of our society. It is therefore
of the utmost importance to bring into fruition laws that seek to enrich their welfare
and well-being.

In line with this, the State as parens patriae duty-bound to provide support
and care for the abandoned, neglected and voluntarily committed children by


creating a special trust fund purposes which matures and is made available to the
same upon reaching the age of majority. The purpose is to give these children aid
and support to face the challenges and obstacles that adulthood brings.

In view of the foregoing, immediate approval of this bill is earnestly sought.

FLORENCIO GABRIEL “BEM” G. NOEL
An Waray Partylist Representative


Republic of the Philippines

House of Representatives
Batasan Wills, Queson City

Eighteenth Congress
First Regular Session

5175
HOUSE BILL NO.

Introduced by Representative Florencio Gabriel “Bem” G. Noel

AN ACT PROVIDING FOR A NATIONAL PROGRAM TO SUPPORT AND
CARE FOR ABANDONED, NEGLECTED AND VOLUNTARILY
COMMITTED CHILDREN, CREATING A SPECIAL TRUST FUND
THEREFORE, AND FOR OTHER PURPOSES

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 “Trust Fund for the
Abandoned, Neglected or Voluntarily Committed Child of 2019.”

SECTION 2. Declaration of Policy. \n 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 well-being, it is hereby
declared a policy of the State to support and care for children who have been
abandoned, neglected or voluntarily committed in accordance with the duty of the
State under the doctrine of parens patria or guardian of the rights of the people. This
duty of the State becomes even more imperative in light of the constitutional
mandate that the State shall strengthen the family as a basic social institution. This
is especially so when the relatives or guardian of these children fail, refuse or are
incapable of providing for the needs of the said children. The State shall hereby
establish a trust fund for such children to be withdrawn only upon their reaching the
age of majority.


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

a) “Child” refers to a person below eighteen (18) years of age or a person
over eighteen (18) but is unable to fully take care of him/herself or protect
him/herself from abuse, neglect, exploitation or discrimination because of
physical or mental disability or condition.

b) “Abandoned child” refers to a child who has no proper prenatal care of
guardianship, or whose parent(s) have deserted him/her for a period of
three (3) continuous months, which include a foundling.

c) “Neglected child” refers to a child whose basic needs have been
deliberately unattended or inadequately attended within a period of three
(3) continuous months. Neglect may occur in two (2) ways:

1. There is physical neglect when the child is malnourished, ill-clad,
and without proper shelter. A child is unattended when left by
himself/herself without proper provisions and/or without proper
supervision.

2. There is emotional neglect when the child is maltreated, raped,
seduced, exploited, overworked, or made to work under conditions
not conducive to good health; or is made to beg in the streets or
public places; or when children are in moral danger or exposed to
gambling, prostitution, and other vices.

d) “Voluntarily Committed Child” is one whose parent(s) or legal guardian
knowingly and willingly relinquished parental authority to the DSWD or
to any duly accredited child-placement or child-caring agency or
institution

e) “Trust Entities or Any Bank which Offers Trust Services” 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.

f) “Trust Fund for the Abandoned, Neglected or Voluntarilly Committed
Child” refers to a special fund set aside for the children under the care of
the DSWD or any DSWD-accredited child-caring institution. The said


fund shall operate as a special trust fund managed by a reputable trust
entity.

2) “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).

h) “Guardian” refers to the owner and/or any elder in the child-caring
institution tasked to keep an eye on the abandoned, neglected or
voluntarily committed child.

SECTION 4. Coverage. This Act shall cover all abandoned, neglected or voluntarily
committed children, under the case of the DSWD or DSWD-accredited 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 Abandoned, Neglected or
Voluntarily Committed Children. - The DSWD, in coordination with other
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 abandoned, neglected or voluntarily committed children. The system
shall include, but not be limited to, coming up with an updated data on the number,
location and personal profile of abandoned, neglected or voluntarily committed
children; profiling of child caring institutions nationwide; and establishing a
transparent mechanism that would provide a grant of a reasonable lump sum grant
to abandoned, neglected or voluntarily committed children who already turned 18
years old and are ready to lead a life on their own.

SECTION 6.7rust Fund for Abandoned, Neglected, Voluntarily Committed
Children. - 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 abandoned,
neglected or voluntarily committed child 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 two thousand five hundred pesos (P2,500.00) 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 abandoned, neglected or voluntarily committed children submitted by their
respective child-caring institutions. 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 abandoned, neglected or voluntarily committed child shall be entitled
to the said quarterly deposit in his/her trust fund for the entire duration that he/she
was in a child-caring institution until he/she reaches the age of 18. In the event that
the abandoned, neglected or voluntarily committed child has been rendered
ineligible to receive the said fund, or dies prior to reaching the age of majority, the
trust fund for such child shall be forfeited in favor of the State.

SECTION 7. Budgetary Requirement - The DSWD shall incorporate the budgetary
requirements of this Act in their annual budget proposal.

SECTION 8. Revocation of the Grant - The grant envisioned for every abandoned,
neglected or voluntarily committed child under this Act shall be revoked when:

a) the abandoned, neglected of voluntarily committed children or his guardian,
his fellow abandoned, neglected or voluntarily committed children or his guardian,
his ascendants or descendants;

b) the abandoned, neglected or voluntarily committed child has abandoned the
child-caring institution for a period of six months and efforts have been exhausted
to locate the abandoned, neglected, or voluntarily committed child within the stated
period;

c) the abandoned, neglected or voluntarily committed child has been found to
be pushing or using prohibited drugs, or otherwise involved in illegal activities;

d) the abandoned, neglected or voluntarily committed child has been found to
be living a dishonorable or disgraceful life, and

e) the abandoned, neglected or voluntarily committed child has been
convicted of any crime involving moral turpitude.

Should the abandoned, neglected or voluntarily committed child die prior to
reaching the age of majority, his or her trust fund account shall be forfeited in favor
of the State.


SECTION 9. Implementing Rules and Regulations. - The DSWD, in consultation
with the Department of Interior and Local Government (DILG), the National
Economic and Development Authority, non-governmental organizations (NGOs)
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 10. Separability Clause. \f any provision or part hereof, is held invalid
or unconstitutional, the remainder of the law or the provision not otherwise affected
shall remain valid and subsisting.

SECTION 11. Repealing Clause. Any law, presidential decree or issuance,
executive order, letter of instruction, administrative order, rule or regulation contrary
to, or inconsistent with the provisions of this Act is hereby repealed, modified or
amended accordingly.

SECTION 12. Effectivity Clause, This Act shall take effect fifteen (15) days after
its publication in at least two (2) newspapers of general circulation.

Approved,