THIRTEENTH CONGRESS OF THE 
First Regular Session 
REPUBLIC OF THE PHILIPPINES 
) 
SENATE 
S.B. No. 
Introduced by SENATOR LUISA “LOI” P. EJERCITO ESTRADA 
EXPLANATORY NOTE 
The Constitution, Article 15, Section 1, provides: 
“The State recognizes the Filipino family as the foundation of the 
nation. Accordingly, it shall strengthen its solidarity and actively promote 
its total development.” 
The child, as part of the family, is one of the most important assets of the nation. 
Consequently, the State should exert every effort to promote the child’s welfare and 
enhance his opportunities for a useful and happy life. 
A child, separated from his family, loses the opportunity to develop in a 
wholesome and harmonious atmosphere conducive to his proper upbringing, particularly 
with respect to his preparation for adult life and the conscientious discharge of his civic 
duties as a whole. 
Accordingly, this bill seeks to require hospitals: a) to establish and implement 
security procedures to reduce the likelihood of infant patient abduction and baby 
switching; and b) to devise procedures for identifying all infant patients in the hospital in 
a manner that ensures it will be evident if infants are missing from the hospital. 
For all the foregoing, the early passage of this bill is earnestIy requested. 
GALL 
CITO ESTRADA 
Senator 


THIRTEENTH CONGRESS OF THE 
1 
First Regular Session 
1 
REPUBLIC OF THE PHILIPPINES 
) 
SENATE 
S.B. No. 
Introduced by SENATOR LUISA "LOI" P. EJERCITO ESTRADA 
AN ACT 
TO REQUIRE HOSPITAL§ TO ESTABLISH AND IMPLEMENT SECURITY 
PROCEDURE§ TO REDUCE THE LIKELIHOOD OF INFANT PATIENT 
ABDUCTION AND BABY SWITCHING, INCLUDING PROCEDURES FOR 
IDENTIFYING ALL INFANT PATIENTS IN THE HOSPITAL IN A MANNER THAT 
ENSURES IT WILL BE EVIDENT IF INFANT§ ARE MISSING FROM THE 
HOSPITAL. 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled: 
Section 1. Short Title. - This Act shall be known as the "Infant Protection and 
Baby Switching Prevention Act." 
Section 2. Declaration of Policy. - It is the policy of the State to protect the 
Filipino family, strengthen its solidarity and actively promote its total development. 
Section 3. Definition of Terms. - For purposes of this Act, the term: 
(1) 
"ldentzfication Record" means a record maintained by a hospital to aid in the 
identification of newborn patients of the hospital, including any of the 
following: 
(i) 
The footprint, fingerprint or photograph of the newborn patient; 
(ii) 
A written description of the infant; and 
(iii) 
An identification bracelet or anklet put on the newborn patient, or 
the mother of the newborn patient by a staff member of the 
hospital. 
(2) 
"Secretary " means the Secretary of Health. 


Section 4. Establishment of Security Procedures. - In the case of hospital and 
critical access hospitals which provide neonatal or infant care, to have in effect security 
procedures that meet standards established by the Secretary (in consultation with 
appropriate organizations) to reduce the likelihood of infant patient abduction and baby 
switching, including standards for identifying all infant patients in the hospital in a 
manner that ensures that it will be evident if infants are missing from the hospital. 
Section 5. Regulations. - The Secretary of Health shall - 
(A) 
consult with various organizations representing consumers, appropriate 
national and local regulatory agencies, hospitals and critical access 
hospitals, 
(B) 
take into account variations in size and location of hospitals and critical 
access hospitals and the percentage of overall services hrnished by such 
hospitals and critical access hospitals that neonatal care and infant care 
represent; and 
(C) 
promulgate specific regulations that address each size and type of hospital 
covered. 
Section 6. Publication. - Not later than twelve (12) months after the date of the 
enactment of this Act, the Secretary shall publish such regulations. 
Section 7. Violations and Penalties. - 
(1) 
by a Hospital. 
- 
A hospital which fails to have in effect security 
procedures that meet standards established by the Secretary under Section 
4 of this Act to reduce the likelihood of infant patient abduction and baby 
switching, including standards for identifying all infant patients in the 
hospital in a manner that ensures that it will be evident if infants are 
missing from the hospital, shall be subject to a civil monetary penalty of 
not more than One Million Pesos (P1,000,000.00) or not more than Five 
Hundred Thousand Pesos (P500,OOO.OO) in the case of a hospital with less 
than 100 beds. 


(2) 
Baby switching. - is committed by one who knowingly alters or destroys 
an identification record of a newborn patient with the intention that the 
newborn patient be misidentified by any person shall be fined not more 
than Fifty Thousand Pesos (P50.000.00) in the case of an individual and 
not more than Five Hundred Thousand Pesos (P500,000,00) in the case of 
an organization or imprisonment for not more than five (5) years, or both. 
Section 8. Separability Clause. - If any provision, or part hereof, is held invalid 
or unconstitutional, the remainder of the law or the provision not otherwise affected shall 
remain valid and subsisting. 
Section 9. 
Repealing Clause. - Any law, presidential decree or issuance, 
executive order, letter of instruction, administrative order, rule or regulation contrary to 
or inconsistent with the provisions of this Act is hereby repealed, modified or amended 
accordingly. 
Section 10. Effectivity Clause. - This Act shall take effect fifteen (15) days after 
its publication in at least two (2) newspapers of general circulation. 
Approved, 
c:\precy\infants security measures\l259