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

SIXTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 3496

Introduced by HON. RENE L. RELAMPAGOS
First District, Bohol

EXPLANATORY NOTE

‘The current system of adoption has proven tedious and expensive for
many parents who wanted to adopt. Hence, simulation of birth has become a
convenient and practical alternative. This, despite the provision under the
Revised Penal Code defining simulation of birth as a crime.

To correct this, Republic Act No. 8552 or the “Domestic Adoption Act of
1998,” adopted in 22 March 1998, gave a period of five years within which to
rectify simulated births. Even with this opportunity, however, Petitions for
Adoption with Rectification of Simulated Birth, under the law, remained
minimal since its enactment. To date, simulation of births has remained the
surreptitiously practiced adoption mechanism in the country.

The problem lies in various factors, among such are failure to
disseminate information about the amnesty under the law, the tedious
domestic adoption procedure in the country, inability to pay the expensive cost
of regular adoption, fear of bringing to fore the family ‘secret’ kept for so long,
unpreparedness to reveal the truth to the unsuspecting child and others.

More than providing amnesty for criminal and pecuniary liabilities,
however, the purpose of the law is not primarily for the parents but for the
protection of the child. The rectification of the child’s birth records will give
him/her all the benefits of adoption and ensure his/her status as well as
his/her rights under the law and society. The proposed expanded application
to cover simulated births even after the effectivity of Republic Act No. 8552
and the simplified procedure will ensure the best interest of the child.

For the above considerations, the passage of this law is earnestly sought.

fen A
wf RELAMPAGos


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
First Regular Session

HOUSE BILL NOS496 _

Introduced by HON, RENE L. RELAMPAGOS
First District, Bohol

“AN ACT
EXTENDING THE PRESCRIPTIVE PERIOD FOR THE
RECTIFICATION OF SIMULATED BIRTHS THEREBY AMENDING
OF REPUBLIC ACT NO. 8552, OTHERWISE KNOWN AS THE
‘DOMESTIC ADOPTION ACT OF 1998”

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

SECTION 1, Section 22 of Republic Act No. 8552 is hereby amended to
read as follows:

Section 22. 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 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
application for correction of the birth registration and petition for
adoption shall be filed within [five (5)] TWENTY (20) years from
the effectivity of this Act and completed thereafter: 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 22 — A. SHOULD THE CHILD WHOSE BIRTH
WAS SIMULATED IS ALREADY WITH THE PARENT/S FOR
MORE THAN TEN YEARS, HOWEVER, ADMINISTRATIVE
PROCEEDINGS SHALL BE ALLOWED FOR THE
RECTIFICATION OF THE SIMULATED BIRTH. FOR THIS
PURPOSE, THE DEPARTMENT SHALL REDUCE THE
DOCUMENTARY REQUIREMENTS FOR ADOPTION,
PRESCRIBE THE ADMINISTRATIVE PROCEDURE WHICH
SHALL BE SIMPLIFIED AND IF PRACTICABLE, SUMMARY IN.
NATURE AND IMPOSE MINIMAL ADMINISTRATIVE COSTS.


ALL PROCEDURES FOR THE RECTIFICATION OF
SIMULATED BIRTHS SHALL BE LIBERALLY APPLIED IN
FAVOUR OF THE CHILD.

Sec. 2, - This Act shall take effect fifteen (15) days following its

publication in the Official Gazette or in two (2) newspapers of general
circulation.

Approved,