FOURTEENTH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES 
) 
First Regular Session 
Introduced by Senator Loren Legarda 
EXPLANATORY NOTE 
Article XV, Section 3 (2) of the 1987 Constitution provides that it is the duty of 
the State to defend 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. 
Presidential Decree No. 603, otherwise known as the Child and Youth Welfare 
Code, mandates that the declaration of abandonment of children shall be secured by 
virtue of a judicial order. Unfortunately, the actively adversarial judicial process in a 
Family Court requiring the sending of summons and obtaining testimony of birth and 
prospective adoptive parents takes about three years. This long-drawn-out process 
poses a judicial obstacle hampering development of infants in a functional home 
environment. 
Thus, this bill addresses the urgent need to provide a system that facilitates early 
placement of abandoned children for adoption. The salient features of this bill are as 
follows: 
(1) Transferring the resolution of declaration of abandonment cases to the 
Department of Social Welfare and Development (DSWD), changing the 
nature of this proceeding to a quasi-judicial one; 
(2) Mandating that the certification to be issued by DSWD declaring adoptee 
legally available for adoption as a prerequisite to all adoption proceedings, 
domestic and inter-country alike; and 
(3) Shortening the six (6) month period defined in the Child and Youth Welfare 
Code before the child may be considered abandoned to three (3) months. 
This bill seeks to protect and assist abandoned children by expediting the process 
of declaring a child abandoned, thus, providing a more facilitative administrative 
proceeding that meets the child's best interests. 
In view of the foregoing, passage of this bill is earnestly sought. 
Senator 


FOURTEENTH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES 
) 
First Regular Session 
S E N A T E  
S.B. No.,'aJ- 2 
Introduced by Senator Loren Legarda 
AN ACT REQUIRING CERTIFICATION OF THE DEPARTMENT OF 
SOCIAL WELFARE AND DEVELOPMENT TO DECLARE A "CHILD LEGALLY 
AVAILABLE FOR ADOPTION" AS A PREREQUISITE FOR ADOPTION 
PROCEEDINGS, AMENDING FOR THIS PURPOSE CERTAIN PROVISIONS OF 
REPUBLIC ACT NO. 8552, ALSO KNOWN AS THE DOMESTIC ADOPTION LAW, 
ACT AND PRESIDENTIAL DECREE NO. 603, ALSO KNOWN AS THE CHILD 
AND YOUTH WELFARE CODE 
Be it enacted by the Senate and House of Representative of the Philippines in Congress 
assembled: 
REPUBLIC ACT NO. 8043, ALSO KNOWN AS THE INTER-COUNTRY ADOPTION 
SECTION 1. Declaration of Policy. - It is hereby declarcd the policy of the State that 
alternative protection and assistance shall be afforded to every child who is 
surrendered, abandoned or neglected. In this regard, the State shall extend such 
assistance in the most expeditious manner in the best interest of the child 
SECTION 2. Definition of Terms. - As used in this Act, the following terms shall mean: 
(a) "Child refers to a person below eighteen (18) years of age or over but is unable 
to fully take care of himself or protect himself from abuse, neglect, cruelty, 
exploitation or discrimination because of physical or mental disability or 
condition. 
(b) "Abandoned Child" refers to a child who has no proper parental care or 
guardianship, or whose parents have deserted him or her for a period of at least 
three continuous months. 
(c) "Neglected child" refers to a child whose basic needs have been deliberately 
unattended or inadequately attended. Neglect may occur in two ways: 
(1) 
There is physical neglect when the child is malnourished, ill clad 
and without proper shelter. A child is unattended when left by 
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himself without provisions for his needs or without proper 
supervision; and 
Emotional neglect exists when the child is maltreated, raped or 
seduced, exploited, overworked or made to work under conditions 
not conducive to good health; made to beg in the streets or public 
places, or in moral danger, exposed to gambling, prostitution and 
other vices. 
(d) ”Voluntary committed child refers to a child whose parent, guardian or any 
relative having custody over him knowingly and willfully relinquishes parental 
authority to the Department of Social Welfare and Development (DSWD). 
(e) “Child legally available for adoption” refers to a child in whose favor 
certification was issued by the DSWD that he is legally available for adoption 
after that the fact of abandonment or neglect has been proven through the 
submission of pertinent documents, or one who was voluntarily committed. 
(f) ”Child caring agency” refers to a duly licensed and accredited agency by the 
DSWD that provides twenty-four (24) hour residential care services for 
abandoned, orphaned, neglected or voluntarily committed children. 
(g) ”Child placing agency” refers to an institution licensed by the DSWD to assume 
the care, custody, protection and maintenance of children for purposes of 
adoption, guardianship or foster care. 
(h) ”Petitioner” refers to any child caring agency or child placing agency or any 
other person who files a petition for certification to declare a surrendered, 
abandoned, or neglected child in his custody legally available for adoption. 
(i) ”Secretary” refers to the Secretary of the DSWD or his duly authorized 
representative. 
SECTION 3. Petition. - For abandoned and neglected children, petitioner shall 
file a petition with the DSWD for certification that a child in his custody is legally 
available. The petition shall be in the form of a duly notarized affidavit. It shall contain 
facts necessary to establish the merits of the petition and shall state the circumstance 
surrounding the abandonment and neglect of the child. The petition shall be supported 
by the following documents: 
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(a) Case study made by a licensed social worker of the local government unit or 
the DSWD or licensed and accredited child caring agencies or child placing 
agency charged with the custody of the child; 
(b) Proof that efforts were made to locate the parents or any known relatives of 
the child. The following shall be considered sufficient proof 
(1) 
Written certification from a radio or television station that the case 
was aired on three different radio stations; 
Publication in two newspaper of general circulations; 
Returned registered mail to the last known address of the parents 
or known relatives if applicable; 
(2) 
(3) 
(4) 
Police or barangay report; 
(5) 
(6) 
Birth certificate or foundling certificate; and 
Recent photograph of the child. 
The petition shall be filed in the Regional Office of the DSWD where the child 
was found or abandoned. 
The Regional Director shall act on the same and shall render to recommendation 
not later than five (5) working days from receipt thereof. He shall transmit a copy of his 
recommendation and records to the Office of the Secretary of the DSWD within five (5) 
working days from the date of the recommendation. 
The Secretary shall review the petition and the supporting documents. Upon 
finding the merit in the petition, he shall issue a certification declaring the child legally 
available for adoption with ten (10) working days from the receipt of the 
recommendation. 
The decision of the Secretary shall be appealable to the regular courts: Provided, 
that the child has not been placed for adoption. 
SECTION 4. Voluntary Commitment. - In case of voluntary commitment, the 
certification declaring the child legally free for adoption shall be issued by the Secretary 
within ten (10 ) days from the receipt of the Deed of Voluntary Commitment (DVC) and 
other supporting documents. The DVC shall be submitted to the office of the Secretary 
only after the completion of the three (3) months prescriptive period following its 
signing by the parent, guardian or any relative having custody of the child. 
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Any petition for restoration of parental authority may be filed by the parent, 
guardian or any relative with the DSWD or child caring or child placing agency having 
custody of the child within three months after the signing of the DVC. 
SECTION 5. CevtiJication. - The certification that a child is legally available for 
adoption issued by the DSWD shall be considered a prerequisite in all adoption 
proceedings. For all intents and purposes, it shall be the primary evidence that the child 
is legally available in a dome,stic adoption proceeding, as provided in Republic Act No. 
8552 and in an inter-country adoption proceeding, as provided in Republic Act No. 
8043. 
SECTION 6. Implementing Rules and Regulations. - The DSWD, together with the 
Council for the Welfare of, Children, the National Statistics Office and two private 
individuals representing child placing and child caring agencies, is hereby tasked to 
draft the ' implementing rules and regulations of this Act .within sixty (60) days 
following its effectivity. 
SECTION 7. Penalty. - The penalty of Fifty Thousand Pesos (P 50,000.00) but not 
more than Two Hundred Thousand Pesos (P 200,000.00) shall be imposed on any 
person who shall place out a child for adoption or any form of alternative home 
placement without a DSWD certification that the child is legally available for adoption. 
Any agency found violating any provision of this Act shall cause the revocation 
of its license to operate without prejudice to the criminal prosecution of its officers and 
employees. 
SECTION 8. Repealing Clause. - Section 2(c)(iii), 3(e), (h) and 8 (a) of Republic Act 
8552, Section 3(f) of Republic Act No. 8043, Title VIII, Chapter 1 of Presidential Decree 
No. 603 and 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 are hereby repealed, modified or amended accordingly. 
SECTION 9. Separability Clause. - If 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. 
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SECTION 10. Effectivity Clause. - This Act shall take effect fifteen (15) days after 
its publication in at least two (2) newspapers of general circulation. 
Approved, 
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