Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 1822

Introduced by Hon. Giorgidi B. Aggabao

EXPLANATORY NOTE

It is common knowledge that couples (especially childless) resort to simulation of
birth to avoid the tedious process of adoption. To be sure, simulation of birth is a criminal
act punishable under Article 347 of the Revised Penal Code; it also constitutes
falsification under Article 172 of the same code. Yet, Congress has recognized that this
unlawful scheme is often resorted to with good faith intentions and with the best interest
of the child in mind. For this reason, Congress saw fit to provide an opportunity and
procedure for couples so situated to rectify the simulation and to legalize the present
parent-child relationship, without incurring any criminal liability. Thus, Sec. 22 of RA
8552 otherwise known as the Domestic Adoption Act of 1998, provided as follows:

“Rectification of Simulated Births - A person who has, prior to the
effectivity of this Act, simulated the birth of a child shall not be punished
for such act: Provided: that the simulation of birth was made for the best interest
ofthe child and that he/ she has been consistently considered and treated
by that person as his/her son / daughter ; Provided further: That the
application for correction of birth registration and petition for adoption shall
be filed within five (5) years from the effectivity of this Act and completed
thereafter; Provided such person complies with the procedure as specified in
Article IV of this Act and other requirements as determined by the Department.


Unfortunately, perhaps due to lack of proper legal advice or awareness of the
remedy provided by law, there are still numerous concerned couples who have not been
able to avail of Sec. 22 of RA 8552. Much as they would want to rectify and legitimize
their parent-child relationship, they can no longer do so since the prescriptive period
provided therein has already lapsed. Thus, they are left with no option but to maintain the
status quo sub rosa, lest they incur criminal liability. This leaves them prey to blackmail,
extortion and potential legal claims from unscrupulous persons resulting in a greater evil,
i.e. the disturbance of family relations and trauma on the part of the child

Given the above premises, it becomes necessary and even compelling to amend

Sec. 22 of RA 8552, extending for another five (5) years the rectification of simulated
births in order to provide an opportunity for couples who may have failed to avail of its

salutary benefits, to do so.
fae Kn



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
First Regular Session

HOUSE BILLNO.__ 1822

Introduced by Hon. Giorgidi B. Aggabao

AN ACT

TO EXTEND THE PERIOD FOR RECTIFICATION OF SIMULATED BIRTHS,

AMENDING FOR THE PURPOSE SEC. 22 OF RA 8552, OTHERWISE KNOWN
AS THE DOMESTIC ADOPTION ACT OF 1998

Be it enacted by the Senate and the House of Representatives in Congress
assembled:

Section One- Section 22 of RA 8552 is hereby amended as follows:

“Rectification of Simulated Births - A person who has simulated the birth of a
child FOR THE PURPOSE OF RECORDING THE CHILD AS HIS / HER
LEGITIMATE BIOLOGICAL OFFSPRING shall not be punished for such act:
Provided, That the simulation of birth was made for the best interest of the child
and that he /she has been consistently considered and treated by that person as his/her
own son/daughter, PROVIDED, FURTHER, THAT THE PERSON HAS NO
LEGITIMATE OR NATURAL CHILD AT THE TIME OF THE SIMULATED
BIRTH, OR THAT THE CONSENT OF HIS/HER CHILD WHO IS OF AGE, HAS
BEEN OBTAINED, Provided, Furthermore, That the application for correction of the
birth registration and petition for adoption shall be filed within five (5) years from the
effectivity of this AMENDMENT; and Provided, Finally, That such person complies
with the procedure as specified in Article IV of this Act and other requirements as
determined by the Department.”

Section Two - Repealing Clause. All laws, decrees, executive order, rules and
regulations inconsistent with this Act are hereby repealed , amended or modified
accordingly.

Section Three - Effectivity Clause. This Act shall take effect upon the publication in at
least two national newspapers of general circulation.

Approved.