Republic of the Philippines
HOUSE OF REPRESENTATIVES
Batasan Hills, Quezon City

EIGHTEENTH CONGRESS
First Regular Session

4158

House Bill No.

Introduced by
HON. YEDDA MARIE K. ROMUALDEZ

and
HON. FERDINAND MARTIN G. ROMUALDEZ

—)]) x

In the Philippines, the abandonment of a child under seven
years of age by a person upon whom the custody of a child is incumbent is
considered a criminal act, punishable under Article 276 of the Revised Penal
Code. However, these legal restrictions have not deterred the rising incidence
of infant abandonment. Poverty is often a root cause of child abandonment
especially when for reasons of economic, social or psychological distress or
incapability, the parents are unprepared to raise their child. However, the fear
of criminal prosecution causes desperate parents, often young mothers who
are not ready to take on the responsibilities of parenthood, to abandon
newborn infants often in unsafe places and in life-threatening conditions.

This bill proposes to ensure a safe haven for abandoned newborn
infants providing parents, especially women, with the option to properly and
safely relinquish newborn infants to recognized child-caring and child-placing
agencies and institutions that can provide the immediate care needed for their
safety and well-being, while remaining anonymous and without fear of being
prosecuted for child abandonment.

By making the welfare of the newborn an immediate concern and
ensuring their health and safety, this bill provides an alternative that could
save the life of newborn infants and ensure that they are protected and
provided with medical care until a permanent home is found for them.

In view of the fore bill is earnestly sought.

YEDDA MARIE. K/ ROMUALDEZ
Tingog Sinirdfgan Partylist


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Batasan Hills, Quezon City

EIGHTEENTH CONGRESS
First Regular Session

House Bill No. 4158

—_—.]

Introduced by
HON. YEDDA MARIE K. ROMUALDEZ

and
HON. FERDINAND MARTIN G. ROMUALDEZ

—. Ah

AN ACT PROVIDING SAFE HAVEN
FOR ABANDONED NEWBORN INFANTS

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

Section 1. Short Title - This Act shall be known as the Newborn Infant
Safe Haven Act.

Section 2. Declaration of Policy. - \t is hereby declared the policy of
the State that the best interests of children shall be of Paramount
Consideration in affording their full growth, protection and assistance. In this
regard, the State shall extend such assistance in the most expeditious
manner in the interest of full emotional and social development of abandoned
newborn infants, to promote their health, safety and welfare and enhance their
Opportunities for a useful and happy life.

Section 3. Definition of Terms. - For the purposes of this Act, the
following terms shall be defined as follows:

(a) “Child-caring agency or institution” refers to a private non-profit or
government agency duly accredited by the DSWD that provides


twenty-four (24) hour residential care services for abandoned,
neglected, or voluntarily committed children:

(b) “Child-placing agency or institution” refers to a private non-profit
institution or government agency duly accredited by the DWSD that
receives and processes applicants to become foster or adoptive
Parents and facilitate placement of children eligible for foster care
or adoption;

(c) “Department” shall mean the Department of Social Welfare and
Development;

(d) “Newborn infant” means an infant who is seventy-two (72) hours
old or younger, whose Parent(s) refuse/s or is unable to assume
the responsibility for the infant's care, control, and subsistence;

(@) “Relinquish” or “relinquishment” of an infant means to give over
Possession or control of the said infant by a parent(s) to a
designated safe haven provider, with the settled intent to forego all
parental responsibilities.

(f) “Secretary” shall mean the Secretary of Social Welfare and
Development.

Section 4. Who May Be Relinquished. - An infant who is seventy-two

(72) hours old or younger may be relinquished by his or her Parent(s) with a
Safe haven provider.

Section 5. Safe Haven Provider. - The infant may be left with a

designated safe haven provider. A safe haven provider includes any of the

following:

(a) a police officer or firefighter who is on duty;
(b) an emergency medical technician who is on duty;


(c) amedical staff member at a general hospital who is on duty;

(d) a staff member or volunteer of a licensed child-caring agency, a
licensed child-placing agency or a church that posts a conspicuous
Public notice stating in plain terms that it is willing to accept a
newborn infant

(e) Any other person that shall be designated as a safe haven provider
by the Secretary of Social Welfare and Development.

Section 6. Responsibility of the Safe Haven Provider. - The safe
haven provider to whom an infant is relinquished shall immediately act
appropriately to care and take custody of the newborn infant, provided
however, that there must be no evidence that the infant has been physically
injured or sexually abused before relinquishment, and that the safe haven
provider believes, within a reasonable degree of medical certainty, that the
child is a newborn infant.

The safe haven provider shall immediately transport the infant to a
hospital for a physical examination or any medical treatment necessary to
ensure the physical health or safety of the newborn infant. The hospital shall
conduct comprehensive medical examination and such tests to determine any
possible infection or illness such as HIV or hepatitis, fetal exposure to alcohol
or drug, injury due to neglect or abuse, and the infant's estimated date of
birth, if not previously known. Injuries and/or conditions resulting from
childbirth shall not be considered harm, abuse, or neglect.

Furthermore, no later than the close of the first business day after the
date on which the safe haven provider takes custody of the infant, the safe
haven provider shall notify the nearest office of the Department that the infant
has been relinquished. Thereupon, the Department shall immediately assume
the care, control, and custody of the newborn.

The Department shall forward the newborn's birth information to the
local civil registry for the issuance of a Certificate of Live Birth unless it is


determined that one has already been issued. Unless otherwise known, the
infant shall be presumed to have been born in the city or municipality where
the safe haven provider to whom the said infant has been relinquished is
located.

Immediately after assuming care, control, and protection of the
newborn, the Department or the designated safe haven provider shall report
the infant to the appropriate law enforcement agencies for purposes of
matching the child with missing children reports.

Section 7. Newborn Child Identity. - A parent who relinquishes a
newborn to a designated safe haven provider and any person who assists the
parent(s) in that relinquishment have the right to remain anonymous.
However, safe haven provider shall inform the parent that the parent(s) may,
but is not required to, answer any questions regarding the name, identity, and
medical history of the infant and parents of the infant. Refusal by the parent(s)
delivering the newborn infant to provide such information shall not prevent the
‘safe haven provider from accepting the newborn.

No safe haven provider may induce or coerce or attempt to induce or
coerce a parent or person assisting a parent who wishes to remain
anonymous into revealing his or her identity, unless there is a reasonable
cause to suspect that the newborn has been the victim of abuse or neglect or
that the person assisting the parent is coercing the parent into relinquishing
custody of the child. The parent shall not be pursued by any person at the
time of relinquishment or prosecuted for relinquishing the newborn

if the newborn infant has been relinquished anonymously to a
designated safe haven provider, it shall be the duty of the Department or the
child placing or child caring agency which has custody of the child to exert all
efforts to locate the unknown biological parent(s). If the biological parent(s) is
located, they will be assessed to determine their willingness to keep the child
and their parenting capability.


If efforts to locate the parent(s) of the newborn infant fail, the infant
Shall be registered as a foundling and within three (3) months from the time
the infant is relinquished to the safe haven provider, the Department shall
issue a certification that a child is legally available for adoption. The
Certification shall be, for all intents and purposes, 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 8. Relinquishment of Parental Responsibility. - When an
infant is left in the Physical custody a designated safe haven Provider, without
expressing an intent to return for the infant, or without any attempt on the
Parent(s) to seek contact with the infant for 30 days after the date of
relinquishment, the infant's parent(s) is considered to have abandoned the
infant safely, and the parent's legal duty to support the infant is effectively
terminated, without need of a court order.

However, if the Parent(s) of a newborn returns to reclaim the child
within seventy-two (72) hours after relinquishment, the safe haven provider
that received the newborn shall inform the Parent(s) of the name and location
of the hospital to which the newborn was transported.

Furthermore, a parent who voluntarily relinquishes a newborn infant
may revoke such voluntary relinquishment by applying to the court no later
than thirty (30) days after the Department has assumed care, control, and
protection of the newborn. After thirty (30) days, no voluntary relinquishment
shall be set aside except upon clear and convincing evidence of duress,
fraud, or intentional misrepresentation.

The Department shall likewise exercise due diligence in attempting to
identify and locate any non-relinquishing parent. If a Non-relinquishing parent
cannot be identified, the Department, after a period of three (3) months from


the time the infant is relinquished to the safe haven provider, upon finding that
a diligent effort has been made to identify the parent, shall terminate the
parental rights of the unidentified non-relinquishing parent.

Section 9. Immunity of the Safe Haven Provider. - A safe haven
provider shall be immune from any criminal liability that otherwise might result
from carrying out their responsibility or any civil liability that might otherwise
result from merely receiving, in good faith, a newborn child from the parent(s),
but is not immune from any civil or criminal liability for any act or omission
occurring in subsequently providing care for the newborn.

Section 10. Confidentiality. — All identifying information,
documentation, or other records regarding the identity of the newborn infant
relinquished to a designated safe haven provider, or of the parent(s) who
voluntarily delivered the infant shall be confidential and not subject to release
to any individual or entity except when the court finds that the interest of the
child or the public would be better served by the disclosure of said
information, documentation, or other records.

Section 11. Implementing Rules and Regulations - The Secretaty, in
consultation with the proper government agencies and other stakeholders,
shall promulgate the implementing rules and regulations within sixty (60) days
from the effectivity of this Act.

Section 12. Repealing Clause. - Article 276 of the Revised Penal
Code, and any law, presidential decree, 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 13. Separability Clause. - If any provision of this Act is held
invalid or unconstitutional, the other provisions not affected thereby shall
remain valid and subsisting.


Section 14. Effectivity. - This Act shall take effect fifteen (15) days
following completion of its publication in the Official Gazette and in at least
two (2) newspapers of general circulation.

Approved