FIFTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
) 
) 
) 
SENATE 
S. B. No. 2351. 
INTRODUCED BY SENATOR ALAN PETER "COMPANERO" S. CAYETANO 
EXPLANATORY NOTE 
Psalm 82:3 tells us to, 'Defend the weak and the fatherless; uphold the cause of 
the poor and the oppressed. 
It is the primary role and duty of parents before God and before man to take care 
of their children. That is the reason why regardless of their financial status in life, 
parents will normally make sacrifices for the future of their children. Parents start by 
making sure that they provide their children with all their needs including good 
education. They work hard to give whatever they can for their children. 
The State strongly supports this noble endeavor as mandated by Article II, 
Section 12 of the 1987 Constitution, "The natural and primary right and duty of parents 
in the rearing of the youth for civic efficiency and the development of moral character 
shall receive the support of the Government" 
In this light, a number of laws have already been enacted towards this end but 
there seems to be a need for a stronger mechanism to provide for the needs of 
orphaned, abandoned, neglected or voluntary committed children, who like the other 
children of their age would also need parental support and guidance so they may grow 
up someday to be morally upright individuals and civic-minded citizens of our country. 
Orphaned, abandoned, neglected or voluntary committed children may be minors 
who are deserted by their parents by the latter's death or abandonment but they need 
not go through all their life feeling abandoned and neglected. Unlike other children, they 
may not have their own parents but their needs are no different from any other children 
of their age. Like other children, they need to live in a safe and secure family 
environment, free from poverty and exploitation. Like other children, they, too, are 
deserving of love and affection. 
This proposed bill underscores the fact that while our child-caring institutions 
receive support from public and private sources, there is a need to address the 
orphaned, abandoned, neglected or voluntary committed child's need for someone or at 
least, some form of a mechanism that will provide them a secure and better future. If 
nobody can do this for them, the Government must step in and perform the task. 
This measure seeks to provide for a trust fund account for each orphaned, 
abandoned, neglected or voluntary committed minor under DSWD-accredited child 
caring institutions and care centers which the State has to fund by regularly depositing a 
specified amqunt for each of the trust fund account. The trust fund account matures 


when the orphaned, abandoned, neglected or voluntary committed minor reaches the 
age of majority, and thus providing him or her some seed money to face the challenges 
of life. 
In the best interest of our orphaned, abandoned, neglected or voluntary 
committed children, the early approval of this bill is earnestly sought. 
SEN. ALAN PETER "COMPANER "S. CAYETANO 


FIFTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
) 
) 
) 
SENATE 
3~1 
s. B. No. 2~v 
INTRODUCED BY SENATOR ALAN PETER "COMPANERO" S. CAYETANO 
AN ACT 
PROVIDING FOR A NATIONAL PROGRAM TO SUPPORT AND CARE FOR 
ORPHANED, 
ABANDONED, 
NEGLECTED AND 
VOLUNTARILY COMMITTED 
CHILDREN, CREATING A SPECIAL TRUST FUND THEREFORE, AND FOR OTHER 
PURPOSES 
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled: 
Section 1. Short Title.- This Act shall be known as the "Trust Fund for the 
Orphaned, Abandoned, Neglected or Voluntarily Committed Child of 2010" 
Section 2. Declaration of Policy.- In 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 orphaned, 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 thereby 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 
are 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 
froni abuse, neglect, exploitation or discrimination because of physical or mental 
disability or condition. 


b.) "Abandoned Child' refers to a child wlio has no proper parental care or 
guardianship, or whose parent(s) have deserted him/her for a period of at least 
three (3) continuous months, Wllich 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; 
r.) "Trust Fund for the Orphaned, Abandoned, Neglected or Voluntarily 
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; 
g.) "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 orphaned, abandoned, neglected or voluntarily 
committed child; 
Section 4. Coverage.- This Act shall cover all orphaned, abandoned, neglected 
or voluntarily committed children, under the care 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 Orphaned, 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 orphaned, abandoned, neglected or voluntarily committed children. This 
system shall include, but not be limited to, coming up with an updated data on the 
number, location and personal profile of orphaned, 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 
orphaned, abandoned, neglected or voluntarily committed children who already turned 
18 years old and are ready to lead a life on their own. 
Section 6.- Trust Fund for Orphaned, 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 
orphaned, 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 orphaned, 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 ~overed orphaned, 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 orphaned, 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 State. 


Section 7. Budgetary Requirements.-
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 orphaned, 
abandoned, neglected or voluntarily committed child under this Act shall be revoked 
when: 
a) The orphaned, abandoned, neglected or voluntarily committed has 
attempted against the life of his fellow orphaned, abandoned, neglected or 
voluntarily committed children or his guardian, his ascendants or 
descendants; 
b) the orphaned, 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 orphaned, abandoned, 
neglected or voluntarily committed child within the stated period; 
c) the orphaned, abandoned, neglected or voluntarily committed child has 
been found to be pushing or using prohibited drugs, or otherwise involved 
in illegal activities; and 
d) the orphaned, abandoned, neglected or voluntarily committed child has 
been convicted of any crime involving moral turpitude. 
Should the orphaned, 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 State. 
Section 9. Incentives to LGU's.- The National Government shall 
grant 
additional incentives to local government units which implement a counterpart Program. 
Section 10. 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 (NGO's) and 
other agencies they deem necessary to consult, shall issue the Implementing Rules and 
Regulations (lRR) within ninety (90) days after the approval of this Act. 
Section 11. Separability Clause. -
If any provision of this Act is declared 
unconstitutional, the same shall not affect the validity and effectivity of the other 
provisions hereof. 


Section 12. Repealing Clause.·· All laws, decrees, orders, issuances or portions 
thereof, which, are inconsistent with the provisions of this Act are hereby repealed or 
modified accordingly. 
Section 13. Effectivity -
This Act shall take effect fjfteen (15) days after its 
publication in two (2) national newspapers of general circulation. 
Approved,