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HOUSE BILLNO.__ 328

Republic of the Philippines
HOUSE OF REPRESENTATIVE
Quezon City, Metro Manila

SEVENTEENTH CONGRESS.

First Regular Session

INTRODUCED BY REPRESENTATIVE XAVIER JESUS D. ROMUALDO

EXPLANATORY NOTE

This proposed measure is a re-filed version of House Bill (HB) No. 5729, the substitute
bill prepared by the Committee on Social Services to consolidate various bills
authorizing the rectification of simulated births and extending the period provided
therefor under Republic Act No. 8552 and which was approved by the House of
Representatives on Third Reading during the 16th Congress.

Simulation of birth is the fictitious registration of the birth of a child urider the name or
names of a person or persons who is or are not such child’s biological parent or
parents. Simulation of birth is resorted to by many well-meaning and mostly poor
Filipinos who wish to adopt a child as their own. However, this is a serious criminal
offense. Moreover, it does not have any legal effect on the status and family
relationships of a child. Only legal adoption can create the relationship of parent and
child

Under this proposed measure, a person who previously simulated the birth of a child will
not be criminally liable for such simulation if the same was done for the best interest of
the child, the child had been consistently treated by the supposed parent as his or her
‘own son or daughter, and the supposed parent files a petition for adoption with an
application for the rectification of the simulated birth.

To make the adoption and rectification proceedings easier, this measure allows
administrative adoption proceedings if the child has been living with the supposed
parent for at least five years. Instead of filing for adoption in court, the petition may be
filed with the Local Social Welfare and Development Officer and decided by the
Regional Director or the Secretary of the Department of Social Welfare and
Development

The rectification of simulated births with a corresponding exemption from criminal
liability was previously allowed under Republic Act No. 8552, or the Domestic Adoption
Act of 1998, for a period of five years from the law's effectivity. This five-year period
ended in 2003. It is said that very few people who engaged in simulation of births
availed of this benefit and that simulation remains prevalent as a means to “adopt”
children because of tedious and costly adoption proceedings before the courts.

With the provision of a new and longer period to rectify simulated births and the
introduction of simpler and inexpensive administrative adoption proceeding, it is hoped

HOUSE OF REPRESENTATIVES



that well-meaning people who tampered with a child's birth record to “adopt” such child
will be encouraged to finally fix the child's status and filiation and legally establish their
parent-child relationship

In view of the foregoing, the support of the Members of Congress for the timely passage
of this measure is earnestly requested

RaW Eee

XAVIER JESUS D. ROMUALDO


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

SEVENTEENTH CONGRESS

First Regular Session

82
HOUSE BILL NO. 7

INTRODUCED BY REPRESENTATIVE XAVIER JESUS D. ROMUALDO.

AN ACT
ALLOWING THE RECTIFICATION OF SIMULATED BIRTHS AND PRESCRIBING
ADMINISTRATIVE ADOPTION PROCEEDINGS FOR THE PURPOSE

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

Congress assembled:

SECTION 1. Rectification of Simulated Births. - Notwithstanding any provision of
law to the contrary, a person or persons who, prior to the effectivity of this Act,
simulated the birth of a child shall not be criminally liable for such act; provided, that the
simulation of birth was made for the best interest of the child and that such child has
been consistently considered and treated by such person or persons as his or her or
their own son or daughter; provided, further, that such person or persons has or have
filed a petition for adoption with an application for the rectification of the simulated birth

within ten (10) years from the effectivity of this Act.

‘Simulation of birth refers to the tampering of the civil registry to make it appear in
the record of birth that a child was born to a person who is not such child's biological

mother, causing such child to lose his or her true identity and status.



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SEC. 2. Administrative Adoption and Rectification of Simulated Birth — (a) A
person or persons who simulated the birth of a child under the conditions specified by
Section 1 of this Act may avail of administrative proceedings for the adoption and the
rectification of the simulated birth of such child; provided, that the child has been living

with such person or persons for at least five (5) years before the effectivity of this Act.

Articles Ill, V, and VI of Republic Act (RA) No. 8552, otherwise known as the
Domestic Adoption Act, shall apply to administrative adoption under this Act. An
administrative adoption decree obtained under this Act shall shall have the same effect

as a decree of adoption issued pursuant to RA No. 8552

(b) The petition for adoption with an application for the rectification of the
simulated birth shall be in the form of an affidavit and shall be subscribed and sworn to
before any person authorized by law to administer affirmations and oaths. It shall state
the facts necessary to establish the merits of the petition and the circumstances
surrounding the simulation of the birth of the child. The petition shall be supported by

the following:

(1) The simulated birth certificate of the child;

(2) A social case study report prepared by the Social Welfare and Development

Office of the municipality or city where the child resides;

(3) Information on the identities, background, and location of the biological

parents of the child;

(4) The affidavits of at least two (2) disinterested persons, who reside in the
same barangay where the child resides, attestting that the child has been
living with petitioner or petitoners for at least five (5) years before the

effectivity of this Act;


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(5) Proof of publication of the petition in at least one (1) newspaper of general
circulation in the region where the child resides and of posting in at least three

(3) conspicuous places in the municipality or city where the child resides; and

(6) Recent photographs of the child and the petitioner or petitioners.

(c) The petition shall be filed with the Municipal or City Social Welfare and
Development Officer (SWDO) of the municipality or city where the child resides, who
shall have three (3) days from receipt thereof to examine the petition and its supporting
documents and determine whether the same is sufficient in form and substance. If the
SWDO finds that the petition is insufficient in form or substance, he or she shall return
the same to the petitioner or petitoners with a written explanation of its insufficiency. If
the Municipal or City SWDO determines that the petition is sufficient in form and
substance, he or she shall forward the petition and its supporting documents within
seven (7) days from such determination to the Regional Director of the Department of
Social Welfare and Development (DSWD) Field Office (hereinafter referred to as the
Regional Director) having jurisdiction over the municipality or city where the child

resides.

(a) The Regional Director shall act and decide on the petition within thirty (30)
days from receipt thereof. The Regional Director may require the petitioner or
petitioners to submit additional information or evidence to support the petition. The
failure of the petitioner or petitioners to comply with the request for additional evidence
of the Regional Director shall not preclude the latter from deciding the petition based on

the information or evidence on hand.

(e) The decision of the Regional Director may be appealed to Secretary of Social

Welfare and Development (hereinafter referred as the Secretary) within fifteen (15) days


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from receipt thereof. The Secretary shall act and decide on the appeal within thirty (30)

days from receipt thereof.

(f) The Municipal or City SWDO, the DSWD, and the Office of the Local Civil
Registrar may charge socialized fees to those who avail of the administrative adoption

proceedings under this Act.

SEC. 3. Decree of Adoption. — If the Regional Director or the Secretary
determines that the adoption shall redound to the best interests of the child, a decree of
adoption shall be issued which shall take effect as of the date the petition was filed,

even if the petitioner or petitioners die before its issuance.

SEC. 4. Civil Registry Record. — Upon the finality of the decreee of adoption, the
Regional Director shall immediately transmit the same to the Local Civil Registrar of the
municipality or city where the birth of the child was simulated. The simulated certificate
of birth shall be stamped “CANCELLED” with an annotation of the issuance of a new
certificate of birth in its place and shall be sealed in the civil registry records. The new
certificate of birth to be issued to the adoptee shall not bear any notation that it is a new

or amended issue.

SEC. 5. Confidentiality. — All petitions, documents, records, and papers relating
to administrative adoption proceedings in the files of the Municipal or City SWDO, the
Central and Field Offices of the DSWD, or any other agency or institution participating in
such proceedings shall be kept strictly confidential. If the Secretary finds that the
disclosure of certain information to a third person is necessary for security reasons or
for purposes connected with or arising out of the administrative adoption and will be for
the best interest of the adoptee, he or she may, upon an appropriate request, order the

necessary information to be released, restricting the purposes for which it may be used.


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SEC. 6. Regular Adoption Proceedings. — Persons who are not qualified to avail
of administrative proceedings for the adoption and the rectification of the simulated birth
of a child under Section 2 hereof may initiate adoption proceedings in accordance with

RA No. 8552.

SEC. 7. Information Dissemination. - The DSWD, in coordination with the
Department of the Interior and Local Government, shall ensure that information

regarding this Act be disseminated to local government units and the public.

SEC. 8. Implementing Rules and Regulations. — Within thirty (30) days from the
effectivity of this Act, the Secretary shall issue the rules and regulations for the effective

implementation of this Act.

SEC. 9. Repealing Clause. — All laws, decrees, orders, rules and regulations,
and other issuances of parts thereof which are inconsistent with the provisions of this

Act are hereby repealed, amended, or modified accordingly.

SEC. 10. Separability Clause. — If any provision or part of this Act is declared
unconstitutional or invalid, the remaining parts or provisions not affected thereby shall

remain in full force and effect.

SEC. 11. Effectivity. — This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in a newspaper of general circulation in the

Philippines.