FIFTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
) 
) 
) 
SENATE 
S. B. No. 2350 
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. 
The Philippine Constitution affirms that "The State shall adopt an integrated and 
comprehensive approach to health development which shall endeavor to make 
essential goods, health and other social services available to all people at affordable 
cost. There shall be priority for the needs of the underprivileged, sick, elderly, disabled, 
women and children ..... (Section ii, Article XIII). 
This Section underscores the important duty of the government to provide 
adequate healthcare to all its citizens. Moreover, it underscores the fact that certain 
sectors of our society have to be given priority in their healthcare needs by virtue of their 
particular condition and/or challenging circumstances. Furthermore, this makes manifest 
the fact that access to proper health care is a fundamental right. 
Children, considering their age and limited ability to perform certain tasks, would 
normally need the guidance and care of their parents for their proper growth and 
development. Sadly, there are children - orphaned, abandoned, neglected or voluntary 
committed children - who have life's misfortune of being deprived of parents, usually 
because of their parents' death or abandonment. Therefore, this specific group of 
children requires extra support and attention which is essential to their well-being. 
In the absence of their parents, it is, thus, the duty of the State to look after the 
needs of these children. In fact, there is a notion of referring the country as "Motherland" 
in affirmation that the country is a cradle of comfort and protection, imbibing the 
nurturing and caring qualities of a mother. 
This bill emphasizes the welfare and protection needed by the orphaned, 
abandoned, neglected or voluntary committed child by providing for health insurance, 
hospitalization support and annual medical and dental check-ups. These would help 
ensure the optimum health of the orphaned, abandoned, neglected or voluntary 
committed child and provide him or her sufficient flexibility to explore all his God-given 
skills and abilities and develop them to the fullest. 
While the State acknowledges "the vital role of the youth in nation-building and 
shall promote and protect their physical, moral, spiritual, intellectual and social well-
being" (Section 13, Article II Philippine Constitution), it is essential for the government 
and the rest of the society to show all the child ren of this nation all the compassion and 
support necessary for their normal upbringing. 


We can start by adequately empowering our institutions in charge of the care of 
orphaned, abandoned, neglected or voluntary committed children to provide a 
comprehensive and sustained healthcare to their wards. With sound minds and healthy 
bodies, our country's orphaned, abandoned, neglected or voluntary committed children 
will be on the same footing as other children with parents who have the ability to realize 
their personal dreams in life and becbme good and productive citizens of their country. 
In view of the foregoing, immediate approval of this bill is earnestly sought. 
z;;fiP;; -- ~-
SEN. ALAN PETER "COMPANERO" S. CAYETANO 


FIFTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
) 
) 
) 
SENATE 
S. B. No. 2350 
INTRODUCED BY SENATOR ALAN PETER "COMPANERO" S. CAYETANO 
AN ACT 
PROVIDING FOR THE WELFARE AND PROTECTION OF THE ORPHANED, 
ABANDONED, NEGLECTED AND VOLUNTARILY COMMITTED CHILDREN 
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 "Orphaned, Abandoned, 
Neglected or Voluntarily Committed Children'S Welfare and Protection Act of 2010." 
Section 2. Declaration of Policy.- It is an acknowledged duty of the State to 
promote the welfare and protect the physical, moral, intellectual, and social well-being of 
the child. Thus, it is the policy of the State to assist, provide and protect the child when 
his or her parents or guardians are unable to provide for the basic needs for his or her 
proper growth and development. Priority then shall be given to the health needs and 
welfare of the orphaned, abandoned, neglected or voluntary committed child. 
Section 3. Definition of Terms.- For purposes of this Act, the following terms 
are defined: 
a.) "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, orphaned, abandoned, neglected, handicapped or 
disturbed children that is accredited with the Department of Social Welfare and 
Development (DSWD); 
b.) "Guardian" refers to the owner of the child-caring institution and/or any elder in 
the child-caring institution tasked to look after the welfare of the orphaned, 
abandoned, neglected or voluntary committed child; 


• 
c.) "Abandoned Child" refers to a child who 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, which include a foundling. 
d.) "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. 
e.) "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. 
f.) "Hospitalization" refers to the event of the orphaned, abandoned, neglected or 
voluntary committed child necessitating medical care in a hospital, whether 
inpatient or outpatient. 
Section 4. Coverage.-
All orphaned, abandoned, neglected or voluntary 
committed children, under the care of child-caring institutions, whether public or private, 
with a reputable track record in participating and contributing to the betterment of the 
minor orphaned, abandoned, negillcted or voluntary committed children shall be 
covered by the provisions of this Act. 
Section 5.- Insurance.- The Government of the Philippines shall provide for the 
contributions of every, in accordance with Section 4 of this Act, to the National Health 
Insurance Program to qualify for the insurance benefits provided by the Philippine 
Health Insurance Corporation (Philhealth). A separate portion in the annual budget of 
the DSWD shall be allocated for the payment of the Phil health premiums of the 
orphaned, abandoned, neglected or voluntary committed children in child-caring 
institutions. 
Section 6.- Hospitalization.-
In the event that the hospitalization of the 
orphaned, abandoned, neglected or voluntary committed child is necessary to his or her 


health and well-being, the child-caring institution must immediately attend to such need, 
The hospitalization bill of the orphaned, abandoned, neglected or voluntary committed 
child shall be paid by the State through the DSWD, A special fund in the amount of at 
least ONE HUNDRED MILLION PESOS (Php100,000,000,00) shall be set aside 
annually by the DSWD for the payment of such hospitalization expenses, 
Section 7.- Annual Check-ups.- The child-caring institution shall ensure that the 
orphaned, abandoned, neglected or voluntary committed children under its care and 
custody shall undergo annual medical and semi-annual dental check-ups in any 
, 
accredited medical and dental facilities and hospitals, Such dental and medical annual 
check-ups shall be provided to them for free in public dental and medical facilities 
• 
including hospitals, upon presentation of a certification and request from the DSWD, 
Section 8. Incentives to Local Government Units.- The National Government 
shall 
grant additional incentives to local government units which implement a 
counterpart Program, 
Section 9. 
Implementing Rules and Regulations, -
The (DSWD) in 
consultation with the Department of Interior and Local Government (DILG), non-
government organizations (NGO's) and other agencies deemed necessary to consult, 
shall issue the Implementing Rules and Regulations (IRR) within ninety (90) days after 
the approval of this Act. 
Section 10. 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 11. 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 12. Effectivity - This Act shall take effect fifteen (15) days after its 
publication in two (2) national newspapers of general circulation, 
Approved,