NINETEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session
o( tlje S'Pt' pr:i
*22 DEC-5 P1 :17
ATE
S. No.
Introduced by SENATOR RAMON BONG REVILLA, JR.
AN ACT
PROVIDING A SAFE HAVEN FOR NEWBORN INFANTS ABANDONED AT 
BIRTH
EXPLANATORY NOTE
The abandonment of children under the age of seven by a person upon whom 
the custody of the child is incumbent is considered a criminal act under Article 276 of 
the Revised Penal Code. Albeit an offense punishable by law, it does not seem to deter 
the rising incidence of infant abandonment. Poverty is often the root cause of 
abandonment especially during these trying economic times. Also worth mentioning is 
social or psychological incapability, where the parents are often unprepared to raise a 
child. The fear of criminal prosecution causes desperate parents, often juvenile 
mothers and fathers who are unready to take on the responsibilities of parenthood, to 
abandon newborn infants often in unsafe places and in life-threatening conditions.
This Act aims to ensure a safe haven for abandoned newborn infants, providing 
their parents, especially the mothers, with the option to properly and safely relinquish 
their newborns to recognized child-caring and child-placing agencies and institutions 
that can provide the immediate care needed for the safety and well-being of the child 
while remaining anonymous without fear of being prosecuted for child abandonment.
This measure aims to protect our country's infants by making the welfare of 
the newborn an immediate concern of the State, ensuring their health and safety. This 
bill provides an alternative that could save the life of newborn infants, protecting them 
and providing them with proper care until finding a permanent home for them.
In line with this, the passage of this bill is earnestly sought.
RAMON
EVILLA, JR.


NINETEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session
Senate
of t!’f A--?freta
etfu;>
'22 DEC-5 PI :17
SENATE
S. No. 1584
.') i:
Introduced by SENATOR RAMON BONG REVILLA, JR.
AN ACT
PROVIDING A SAFE HAVEN FOR NEWBORN INFANTS ABANDONED AT 
BIRTH
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled:
1 
Section 1. Short Title. - This Act shall be known as the "Newborn Infant Safe
2 
Ha ven Act of2022'.
3 
Sec. 2. Declaration of Policy. - It is hereby declared the policy of the State that
4 
the best interests of children shall be of paramount consideration in affording their full
5 
growth, protection and assistance. In this regard, the State shall extend such
6 
assistance in the most expeditious manner in the interest of full emotional and social
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development of abandoned newborn infants, to promote their health, safety and
8 
welfare and enhance their opportunities for a useful and happy life.
9 
Sec. 3. Definition of Terms. - For purposes of this Act, the following terms shall
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be defined as follows:
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a. Chiid-caring agency or institution refers to a private non-profit government
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agency, duly accredited by the Department of Social Welfare and Development
13 
(DSWD), that provides twenty-four (24) hour residential care services for
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abandoned, neglected, or voluntarily committed children;
15 
b. Child-placing agency or institution refers to a private non-profit institution or
16 
government agency, duly accredited by the DSWD, that receives and processes
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applicants to become foster or adoptive parents, and faciiitate placement of
18 
children eligible for foster care or adoption;


1 
c. Department shall mean the Department of Social Welfare and Development
2 
(DSWD);
3 
d. Newborn infantme^ns an infant who is seventy-two (72) hours old or younger,
4 
whose parent(s) refuse/s or is unable to assume the responsibility for the
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infant's care, control, and subsistence;
6 
e. Relinquish or Relinquishment of an infant means to give over possession or
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control of the said infant by a parent(s) to a designated safe haven provider,
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with the settled intent to forego all parental responsibilities;
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f. "Secretary"shdW mean the Secretary of the DSWD.
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Sec. 4. Qualified for Relinquishment - An infant who is seventy-two (72) hours
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old or younger may be relinquished by his or her parent(s) with a safe haven
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provider.
13 
Sec. 5. Safe Haven Provider. - The infant may be left with a designated safe
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haven provider. A safe haven provider includes any of the following:
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a. A police officer or fire-fighter who is on duty;
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b. An emergency medical technician who is on duty;
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c. A medical staff member at a general hospital who is on duty;
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d. A staff member or volunteer of a licensed child-caring agency, a licensed
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child-placing agency or a church that posts a conspicuous public notice
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stating in plain terms that it is willing to accept a new-born infant; or
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e. Any other person that shall be designated as a safe haven provider by
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the Secretary.
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Sec. 6. Responsibility of the Safe Haven Provider. - The safe haven provider to
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whom an infant is relinquished shall immediately act appropriately to care and take
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custody of the new-born infant: Provided however. That there must be no evidence
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that the infant has been physically injured or sexually abused before relinquishment,
27 
and that the safe haven provider believes, within a reasonable degree of medical
28 
certainty, that the child is a new-born infant.
29 
The safe haven provider shall immediately transport the infant to a hospital for
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a physical examination or any medical treatment necessary to ensure the physical
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health or safety of the newborn infant. The hospital shall conduct comprehensive
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medical examination and such tests to determine any possible infection or illness such


1 
as HIV or hepatitis, fetal exposure to alcohol or drug, injury due to neglect or abuse,
2 
and the infant's estimated date of birth, if not previously known. Injuries and/or
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conditions resulting from childbirth shall not be considered harm, abuse, or neglect.
4 
Furthermore, no later than the close of the first business day after the date on
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which the safe haven provider takes custody of the infant, the safe haven provider
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shall notify the nearest office of the Department that the infant has been relinquished.
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Thereupon, the Department shall immediately assume the care, control, and custody
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of the newborn.
9 
The Department shall forward the newborn's birth information to the local civil
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registry for the issuance of a Certificate of Live Birth, unless it is determined that one
11 
has already been issued. Unless otherwise known, the infant shall be presumed to
12 
have been born in the city or municipality where the safe haven provider to whom the
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said infant has been relinquished is located.
14 
Immediately after assuming care, control, and protection of the newborn, the
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Department, or the designated safe haven provider, shall report the infant to the
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appropriate law enforcement agencies for purposes of matching the child with missing
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children reports.
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Sec. 7. Newborn Child Identity. - A parent who relinquishes a newborn to a
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designated safe haven provider and any person who assists the parent(s) in that
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relinquishment have the right to remain anonymous. However, a safe haven provider
21 
shall inform the parent that the parent(s) may, but is not required to, answer any
22 
questions regarding the name, identity, and medical history of the infant and parents
23 
of the infant. Refusal by the parent(s) delivering the newborn infant to provide such
24 
information shall not prevent the safe haven provider from accepting the newborn.
25 
No safe haven provider may induce, or coerce, or attempt to induce or coerce,
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a parent or person assisting a parent who wishes to remain anonymous into revealing
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his or her identity, unless there is a reasonable cause to suspect that the newborn has
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been the victim of abuse or neglect, or that the person assisting the parent is coercing
29 
the parent into relinquishing custody of the child. The parent(s) shall not be pursued
30 
by any person at the time of relinquishment or prosecuted for relinquishing the
31 
newborn.


1 
If the newborn infant has been relinquished anonymously to a designated safe
2 
haven provider, it shall be the duty of the Department or the child placing or child
3 
caring agency, which has custody of the child, to exert all efforts to locate the unknown
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biological parent(s). If the biological parent(s) is/are located, they will be assessed to
5 
determine their willingness to keep the child and their parenting capability.
6 
If efforts to locate the parent(s) of the newborn infant fail, the infant shall be
7 
registered as a foundling and within three (3) months from the time the infant is
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relinquished to the safe haven provider, the Department shall issue a certification that
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a child is legally available for adoption. The certification shall be, for all intents and
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purposes, the primary evidence that the child is legally available in a domestic adoption
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proceeding, as provided in Republic Act No. 8552, and in an inter-country adoption
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proceeding, as provided in Republic Act No. 8043.
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Sec. 8. Relinquishment of Parental Responsibility. - When an infant is left in
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the physical custody of a designated safe haven provider, without expressing an intent
15 
to return for the infant, or without any attempt on the parent(s) to seek contact with
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the infant for 30 days after the date of relinquishment, the infant's parent(s) is
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considered to have abandoned the infant safely, and the parent's legal duty to support
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the infant is effectively terminated, without need of a court order.
19 
However, if the parent(s) of a newborn returns to reclaim the child within
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seventy-two (72) hours after relinquishment, the safe haven provider that received
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the newborn shall inform the parent(s) of the name and location of the hospital in
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which the newborn was transported.
23 
Furthermore, a parent who voluntarily relinquishes a newborn infant may
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revoke such voluntary relinquishment by applying to the court no later than thirty (30)
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days after the Department has assumed care, control, and protection of the newborn.
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After thirty (30) days, no voluntary relinquishment shall be set aside, except upon
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clear and convincing evidence of duress, fraud, or intentional misrepresentation.
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The Department shall likewise exercise due diligence in attempting to identify
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and locate any non-relinquishing parent. If a non-relinquishing parent cannot be
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identified, the Department, after a period of three (3) months from the time the infant
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is relinquished to the safe haven provider, upon finding that a diligent effort has been


1 
made to identify the parent, shall terminate the parental rights of the unidentified non-
2 
relinquishing parent.
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Sec. 9. Immunity of the Safe Haven Provider. - A safe haven provider shall be
4 
immune from any criminal liability that otherwise might result from carrying out their
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responsibility or any civil liability that might otherwise result from merely receiving, in
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good faith, a newborn child from the parent(s), but is not immune from any civil or
7 
criminal liability for any act or omission occurring in subsequently providing care for
8 
the newborn.
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Sec. 10. Confidentiality. - All identifying information, documentation, or other
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records regarding the identity of the newborn infant relinquished to a designated safe
11 
haven provider, or of the parent(s) who voluntarily delivered the infant, shall be
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confidential and not subject to release to any individual or entity, except when the
13 
court finds that the interest of the child or the public would be better served by the
14 
disclosure of said information, documentation, or other records.
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Sec. 11. Impiementing Rules and Regulations (IRR). - The Secretary, in
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consultation with the proper government agencies and other stakeholders, shall
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promulgate the IRR within sixty (60) days from the effectivity of this Act.
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Sec. 12. Repealing Clause. - Article 276 of the Revised Penal Code, and any
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law, presidential decree, executive order, letter of instruction, administrative order,
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rule, or regulation contrary to, or inconsistent with, the provisions of this Act are
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hereby repealed, modified, or amended accordingly.
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Sec. 13. Separability Clause. - If any provision of this Act is held invalid or
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unconstitutional, the other provisions not affected thereby shall remain in full force
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and effect.
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Sec. 14. Effectivity. - This Act shall take effect fifteen (15) days following
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completion of its publication either in the Official Gazette and in at least two (2)
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newspapers of general circulation in the Philippines.
Approved,