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FOURTEENTH CONGRESS OF THE REPUBLIC ) 
OF THE PHILIPPINES 
1 
First Regular Session 
1 
S. No. SENti% 
4 
Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
The Constitution, Article 11, Section 13, provides: 
The State recognizes the vital role of the youth in nation-building 
and shall promote and protect their physical, moral, spiritual, intellectual, 
and social well-being. It shall inculcate in the youth patriotism and 
nationalism, and encourage their involvement in public and civic affairs. 
In line with this policy, the Department of Social Welfare and Development 
(DSWD) crafted a list of their Priority Legislative Agenda. Among the problems that the 
DSWD pinpointed is the long adoption process in the country. The DSWD sees the need 
to shorten the adoption process to facilitate the transfer of an abandoned child to a 
family-based care which is more responsive to his or her developmental needs. Since the 
resolution for the declaration of abandonment is currently lodged at our courts, in most 
cases, whole adoption process is delayed. 
The DSWD recognizes that adoption is the best alternative parental arrangement 
for abandoned and neglected children. Family-based care is more responsive to the 
developmental needs of children instead of a long institutional care. With the passage of 
this bill, the adoption process will be shortened and can now be easily availed of. 


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FOURTEENTH CONGRESS OF THE REPUBLIC ) 
OF THE PHILIPPINES 
1 
First Regular Session 
) 
SENATE 
S.No. 1.634 
7 
, 
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Introduced by Senator Miriam Defensor Santiago 
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 W E L F m  CODE 
REPUBLIC ACT NO. 8043, ALSO KNOWN AS THE INTER-COUNTRY ADOPTION 
Be enacted by the Senate and House of Representative of the Philippines in 
Congress assembled: 
SECTION 1. Decluvation of Policy. - It is hereby declared 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: 
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(1) There is physical neglect when the child is malnourished, ill clad and 
without proper shelter. A child is unattended when left by himself 
without provisions for his needs or without proper supervision. 
(2) 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. 
(0 “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. 
(8) “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 
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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: 
(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. 
(2) Publication in two newspaper of general circulations; 
(3) Returned registered mail to the last known address of the parents 
or known relatives if applicable; and 
(4) Police or barangay report. 
(5) Birth certificate or foundling certificate; and 
(6) 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 
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recommendation. 
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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. 
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. CertiJication. - 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 domestic 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. 
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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), 3(e), (h) and 8 (a) of Republic Act 
8552, Section 3(9 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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