RECEIVED
27 WUL 2016

Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

QOeISTRATION UNIT
SEVENTEENTH CONGRESS XO LNULX SERVICE
First Regular Session

House BILL No. _2085

Introduced by Honorable MARK A. VILLAR

AN ACT ALLOWING THE RECTIFICATION OF SIMULATED BIRTH RECORDS
AND PRESCRIBING ADMINISTRATIVE ADOPTION PROCEEDINGS

EXPLANATORY NOTE

‘The 1987 Constitution provides, “The State recognizes the sanctity of family life and
shall protect and strengthen the family as a basic autonomous social institution. It shall
‘equally protect the life of the mother and the life of the unborn from conception. 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.”
(Article tl, Section 12).

The 1987 Constitution also states, “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.” (Article ll, Section 13)

The 1987 Constitution further conveys, “The State recognizes the Filipino family as
the foundation of the nation. Accordingly, it shall strengthen its solidarity and actively
promote its total development." (Article XV, Section 1)

Simulation of birth is not uncommon in the Philippines. Many resort to this scheme
in order to avoid the drudging and costly process of adoption

Although it is an act punishable under the Revised Penal Code, Congress has
recognized that the illicit scheme is often resorted to in good faith, with benevolent
intentions, and with the best interest of the child in mind. Through the enactment of
Republic Act. No. 8552 or the Domestic Adoption Act of 1998, Congress provided for an
opportunity for couples to rectify the simulation and legalize the relationship, without
incurring criminal liability



It is however unfortunate that there are still many who have not been able to avail of
the rectification under the Domestic Adoption Act of 1998. This may be due to the lack of
awareness of such law or lack of proper legal advice. Because of the lapse of the
prescriptive period wherein the rectification can be availed of, the said couples are trapped
in the status quo, left without any option. They are left in an extremely vulnerable position
wherein they can be prey to blackmail, extortion and potential legal claims from
unscrupulous persons that can result to disturbance of family relations and trauma on the
part of the child

It is imperative to amend Section 22 of the Domestic Adoption Act of 1998, to
extend the period for the rectification of simulated births, in order to give the couples in
limbo a chance to avail of the law's benefits,

In view of the foregoing, the passage if this bill is earnestly sought.

Daan Kaa


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

SEVENTEENTH CONGRESS
First Regular Session

2085
HOUSE BILL NO. 206 a

Introduced by Honorable MARK A. VILLAR

AN ACT ALLOWING THE RECTIFICATION OF SIMULATED BIRTH RECORDS
AND PRESCRIBING ADMINISTRATIVE ADOPTION PROCEEDINGS

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

SECTION 1. Rectification of Simulated Birth Record. - Notwithstanding any
provision of law to the contrary, a person who, prior to the effectivity of this Act, simulated
the birth of a child shall not be criminally liable for such act: Provided, That the simulation
of birth was made for the best interest of the child and that the child had been consistently
considered and treated by the person as one’s son or daughter. Provided, further, That
such person has filed a petition for adoption with an application for rectification of
simulated birth record within ten (10) years from the effectivity of this Act.

For purposes of this Act, simulation of birth refers to the tampering of the civil
registry making it appear in the birth records that a certain child was born to a person who
is not the biological mother, causing the loss of the true identity of the child.

SEC, 2. Administrative Adoption and Rectification of Simulated Birth Record. — A
person who simulated the birth of a child under the conditions provided under Section 1 of
this Act may avail of administrative proceedings for the adoption and rectification of the
simulated birth record of the child: Provided, That the child has been living with the person
for at least five (5) years before the effectivity of this Act.

Article III on Eligibility, Article V on Effects of Adoption, and Article VI on Rescission
of Adoption of Republic Act No. 8552, otherwise known as the “Domestic Adoption Act of
4998”, shall apply to administrative adoption under this Act. An administrative adoption
decree obtained under this Act shall have the same effect as a decree of adoption issued
pursuant to Republic Act No, 8552.


SEC. 3. Procedure. - The petition for adoption with application for rectification of
simulated birth record shall be in the form of an affidavit and shall be subscribed and
sworn to before any person authorized by law to administer affirmations and oaths. It shall
state the facts necessary to establish the merits of the petition and the circumstances
surrounding the simulation of the birth of the child. The petition shall be supported by the
following

(a) The simulated birth certificate of the child;

(b) (b) A social case study report prepared by the Social Welfare and Development Office
of the city or municipality where the child resides;

(c) Information on the identities, background, and location of the biological parents of the
child;

(d) The affidavits of at least two (2) disinterested persons, who reside in the same
barangay where the child resides, attesting that the child has been living with the
petitioner for at least five (5) years prior to the effectivity of this Act,

(e) Proof of publication of the petition in at least one (1) newspaper of general circulation
in the region where the child resides and of posting in at least three (3) conspicuous
places in the city or municipality where the child resides; and

(f) Recent photographs of the child and the petitioner.

The petition shall be filed with the Office of the Social Welfare and Development Officer
(SWDO) of the city or municipality where the child resides, The SWDO shall have three (3)
days to examine the petition and its supporting documents and determine whether the
same is sufficient in form and substance. If the SWDO finds that the petition is insufficient
in form or substance, the SWDO shall retum the same to the petitioner with a written
explanation of its insufficiency. If the SWDO finds the petition sufficient in form and
substance, the SWDO shall forward the petition and the supporting documents within
seven (7) days to the Regional Director of the Department of Social Welfare and
Development (DSWD) Field Office (hereinafter referred to as the Regional Director)
‘exercising jurisdictional responsibility over the city or municipality where the child resides.

The Regional Director shall act and decide on the petition within thirty (30) days from
receipt thereof. The Regional Director may require the petitioner to submit additional
information or evidence to support the petition. The failure of the petitioner to comply with
the request for additional evidence of the Regional Director shall not preclude the Regional
Director from deciding the petition based on the evidence on hand.

The decision of the Regional Director may be appealed to the Secretary of Social
Welfare and Development, hereinafter referred to as the Secretary, within ten (10) days
from receipt thereof. The Secretary shall act and decide on the appeal within thirty (30)
days from receipt thereof.

The SWDO, DSWD, and the Office of the Local Civil Registrar may charge socialized
fees to those who avail of the administrative adoption proceedings under this Act,

SEC. 4. Decree of Adoption. — If the Regional Director or the Secretary determines that
the adoption shall redound to the best interests of the child, a decree of adoption shall be
issued which shall take effect on the date the petition was filed, even if the petitioner dies
before its issuance.


SEC. 5. Civil Registry Record. — Upon the finality of the decree of adoption, the
Regional Director shall immediately transmit the same to the Local Civil Registrar of the
place with custody over the simulated birth record of the child. The record of simulated
birth shall be stamped “cancelled” with an annotation of the issuance of a new certificate of
birth in its place and shall be sealed in the civil registry records. The new certificate of birth
to be issued shall not bear any notation that it is a new or amended issue.

SEC. 6. Confidentiality. - All petitions, documents, records, and papers relating to
administrative adoption proceedings in the files of the City or Municipal Social Welfare and
Development Offices, the DSWD Central and Field Offices, or any other agency or
institution participating in such proceedings shall be kept strictly confidential. If the
disclosure of certain information to a third person is necessary for security reasons or for
purposes connected with or arising out of the administrative adoption and will be for the
best interest of the adoptee, the Secretary may, upon appropriate request, order the
necessary information released, restricting the purposes for which it may be used.

SEC.7. Regular Adoption Proceedings. — Persons who are not qualified to avail of
administrative proceedings for the adoption and rectification of the simulated birth record
of a child under Section 2 of this Act may initiate adoption proceedings only in accordance
with Republic Act No. 8552 and Administrative Matter No. 02-6-02-SC, otherwise known
as the Rule on Adoption.

SEC. 8. Information Dissemination. - The DSWD, in coordination with the Department
of the Interior and Local Government, shall disseminate information regarding this Act to
the public.

SEC. 9. Implementing Rules and Regulations. - The Secretary shall issue such rules
and regulations for the effective implementation of this Act within thirty (30) days from its
approval.

SEC. 10. Repealing Clause. - Section 22 of Republic Act No. 8552, otherwise known
as the “Domestic Adoption Act of 1998", is hereby amended. All other laws, decrees,
letters of instruction, executive issuances, resolutions, orders or parts thereof which are
inconsistent with the provisions of this Act are hereby repealed, modified, or amended
accordingly

SEC. 11, Separability Clause. — If any provision or part of this Act is declared
unconstitutional or invalid, the remaining parts or provisions not affected shall remain in full
force and effect.

SEC. 12. Effectivity. - This Act shall take effect fifteen (15) days after its publication in
the Official Gazette or in a newspaper of general circulation.

Approved,