Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Quezon City 
EIGHTEENTH CONGRESS 
Second Regular Session 
HOUSE BILL NO. _______ 
Introduced by HON. JOY MYRA S. TAMBUNTING 
EXPLANATORY NOTE 
The COVID-19 pandemic has massively affected the lives of the people and the country’s 
economy. At the onset of the pandemic, numerous individuals have lost access to their livelihood 
due to various travel restrictions and strict health protocols implemented in the country. While 
there are social protection measures implemented to address income loss for affected families, 
these are arguably limited, and a lot had to rely on their family and friends to endure the economic 
implications of this pandemic. The same however could not be said for children under foster care, 
particularly those who have aged out of their foster care arrangements, as they are commonly 
not equipped with sufficient filial and social networks and support systems from whom they can 
depend on or who can assist them in enduring this economic situation. Considering these realities, 
it is incumbent upon the State to ensure that their welfare is accounted for.  
This measure shall establish a moratorium on the aging out of children in foster care, provided 
under Republic Act No. 10165 or the "Foster Care Act of 2012" during the pendency of the "State 
of Public Health Emergency Throughout the Philippines" in connection with the Coronavirus 
Disease (COVID-19) pandemic as declared by Presidential Proclamation No. 922, series of 2020, 
and for six (6) months from the termination thereof. This measure shall ensure that children who 
were under foster care during the start of the State of Public Health Emergency declared by 
Presidential Proclamation No. 922, series of 2020, but have aged out prior to the effectivity of 
this Act shall be entitled to return to foster care, if requested. This likewise provides that the 
foster child or the foster parent shall continue to receive the assistance and incentives set forth 
in Section 21 and 22 of RA No 10165.  
On behalf of the people of Parañaque City’s Second District, and for the common good of the 
Filipino people, the approval of the said measure is earnestly sought. 
REP. JOY MYRA S. TAMBUNTING 
2nd District, Parañaque City 
9169
April 5, 2021
10:52 AM


Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Quezon City 
EIGHTEENTH CONGRESS 
Second Regular Session 
HOUSE BILL NO. _______ 
Introduced by HON. JOY MYRA S. TAMBUNTING 
AN ACT  
ESTABLISHING A MORATORIUM ON AGING OUT OF FOSTER CARE DURING THE 
STATE OF PUBLIC HEALTH EMERGENCY DUE TO THE CORONAVIRUS DISEASE 
(COVID-19) PANDEMIC AND FOR SIX (6) MONTHS THEREAFTER, AMENDING FOR 
THE PURPOSE REPUBLIC ACT NO. 10165, OTHERWISE KNOWN AS THE FOSTER 
CARE ACT OF 2012 
Be it enacted by the Senate and House of Representatives of the Philippines in Congress 
assembled: 
SECTION 1. Section 14 of the RA 10165 is hereby amended to read as follows: 
“Sec. 14. Termination of Placement. Termination of placement shall be done by 
the DSWD, upon recommendation of the agency, on the following grounds: 
(a) Return of the child to biological parents;
(b) Placement for adoption of the child;
(c)
Death of the child;
(d) Death of both foster parents;
(e) Expiration of the FPA; and
(f)
In all cases where placement becomes prejudicial to the welfare of the child,
such as, but not limited to, abandonment, maltreatment, sexual assault,
violence or other forms of abuse.
Provided, That in the case of (f), the foster child, with the assistance of a registered 
social worker, shall have the option to apply for termination of placement.  
PROVIDED, FURTHER, THAT THERE SHALL BE A MORATORIUM ON THE 
AGING OUT OF CHILDREN IN FOSTER CARE DURING THE PENDENCY OF 
THE STATE OF PUBLIC HEALTH EMERGENCY THROUGHOUT THE 
PHILIPPINES IN CONNECTION WITH THE CORONAVIRUS DISEASE 
(COVID-19) 
PANDEMIC 
AS 
DECLARED 
BY 
PRESIDENTIAL 
PROCLAMATION NO. 922, SERIES OF 2020, AND FOR SIX (6) MONTHS 
FROM THE TERMINATION THEREOF. CHILDREN WHO REACH THE AGE 
OF MAJORITY WHILE IN FOSTER CARE SHALL NOT BE REMOVED FROM 
9169


FOSTER CARE AND SHALL HAVE THE OPTION TO REMAIN IN FOSTER 
CARE. PROVIDED, FURTHER, THAT CHILDREN WHO WERE UNDER 
FOSTER CARE DURING THE START OF THE STATE OF PUBLIC HEALTH 
EMERGENCY DECLARED BY PRESIDENTIAL PROCLAMATION NO. 922, 
SERIES OF 2020, BUT HAVE AGED OUT PRIOR TO THE EFFECTIVITY OF 
THIS ACT SHALL BE ENTITLED TO RETURN TO FOSTER CARE, IF 
REQUESTED.  
 
PROVIDED, FINALLY, THAT DURING THE MORATORIUM PERIOD, BOTH 
THE FOSTER CHILD AND THE FOSTER PARENT /S SHALL CONTINUE TO 
RECEIVE THE ASSISTANCE AND INCENTIVES SET FORTH IN SECTION 21 
AND 22 OF THIS ACT.  
 
THE REQUIREMENTS OF REGULAR HOME VISITS AND QUARTERLY 
PROGRESS REPORTS PROVIDED IN SECTION 13 OF THIS ACT SHALL 
CONTINUE 
TO 
BE 
FULFILLED 
OR 
CONDUCTED 
DURING 
THE 
MORATORIUM PERIOD. 
 
Section 2. Repealing Clause. – All laws, presidential decrees, executive orders, proclamations, 
rules and regulations, or any part thereof, which are inconsistent with the provisions of this Act 
are hereby repealed or modified accordingly.  
 
Section 3. Separability Clause. – If any provision or part of this Act, or the application thereof 
to any person or circumstance, is held unconstitutional or invalid, the remainder of this Act shall 
not be affected thereby.  
 
Section 4. Effectivity Clause. – This Act shall take effect fifteen (15) days from its publication 
in the Official Gazette or in at least two (2) newspapers of general circulation. This Act shall expire 
and be deemed repealed six (6) months after the termination of the State of Public Health 
Emergency Throughout the Philippines in connection with the Coronavirus Disease (COVID-19) 
pandemic, as declared in Presidential Proclamation No. 922, series of 2020. 
 
Approved,