Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

Seventeenth Congress
First Regular Session

HOUSE OF REP! ATIVES
ib Ne B49

Introduced by Representative H. Harry L. Roque Jr

AN ACT
AMENDING EXECUTIVE ORDER NO. 209, OTHERWISE KNOWN AS THE
FAMILY CODE, BY INCLUDING PROVISIONS ON PERMANENT
GUARDIANSHIP OVER MINORS WHO HAVE BEEN PLACED IN THE CARE
OF SUITABLE RELATIVES AND THE CONDITIONS FOR ITS TERMINATION

EXPLANATORY NOTE

The Family Code, Article 216 enumerates those who may exercise
substitute parental authority over a child:

Art. 216. In default of parents or a judicially appointed guardian,
the following persons shall exercise substitute parental authority over
the child in the order indicated:

(1) The surviving grandparent, as provided in Art. 214,

(2) The oldest brother or sister, over twenty-one years of age,

unless unfit or disqualified; and

(3) The child's actual custodian, over twenty-one years of age,
unless unfit or disqualified.

Whenever the appointment or a judicial guardian over the
property of the child becomes necessary, the same order of preference
shall be observed.
Under the current law, parental authority over children is vested upon parents
or judicially appointed guardians and, if there are none, in the people enumerated

under Article 216. In some cases, however, children without parents, judicially


appointed guardians, grandparents or older siblings live with other relatives who,
while being willing caregivers, may prefer not to legally adopt the children. Thus,
remaining with a suitable relative on a permanent basis may not be recognized unless
the concemed relative files for a petition for judicial guardianship or adoption.

This bill seeks to enable children to remain in the caring home of a relative
who has bonded and cared for the child, and for such relative to have all of the rights
and benefits of a guardian or foster parent so that they can adequately provide for the
child. The bill ensures that a child will not be removed solely because a relative
chooses not to file for @ petition for judicial guardianship or adoption. It promotes
family life by making it easier for relatives who provide decent homes for family
members but may not choose to adopt. Given this amendment in the Family Code,
these concerned relatives can remain guardians over their wards, thus providing

stability in the family life experience of the child.'

HL. HARRY L. ROQUE JR.

' This bill was previously filed by Senator Miriam Defensor Santiago during the Sixteenth Congress, Second
Regular Session.

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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

Seventeenth Congress
First Regular Session

HOUSE OF REPRESENTATIVES
HB.No. 984

Introduced by Representative H. Harry L. Roque Jr.

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

AN ACT
AMENDING EXECUTIVE ORDER NO. 209, OTHERWISE KNOWN AS THE
FAMILY CODE, BY INCLUDING PROVISIONS ON PERMANENT
GUARDIANSHIP OVER MINORS WHO HAVE BEEN PLACED IN THE CARE
OF SUITABLE RELATIVES AND THE CONDITIONS FOR ITS TERMINATION

SECTION 1. There is hereby added a new section to read as follows:

ART. 216-A. PERMANENT GUARDIANSHIP. — WHEN PARENTAL
AUTHORITY OVER A CHILD IS TERMINATED OR THE CHILD IS
OTHERWISE FREED FOR ADOPTION AND THE CHILD HAS BEEN
PLACED IN THE CARE OF A SUITABLE RELATIVE PURSUANT TO THE
PROVISIONS OF THIS CODE OR OTHER LAWS, SUCH RELATIVE IS
DEEMED TO BE THE PERMANENT GUARDIAN OF THE PERSON AND
PROPERTY OF SUCH CHILD.

IT SHALL BE DEEMED IN THE BEST INTERESTS OF THE CHILD
TO REMAIN IN THE CARE AND CUSTODY OF THE SUITABLE
RELATIVE, REGARDLESS OF WHETHER THE RELATIVE CHOOSES TO.
FILE AN APPLICATION FOR ADOPTION OF THE CHILD.

SECTION 2. There is hereby added a new section to read as follows:
ART. 216-B. —- TERMINATION OF PERMANENT GUARDIANSHIP. —

ANY RELATIVE MAINTAINING PERMANENT GUARDIANSHIP OVER A
CHILD PLACED IN HIS OR HER CARE SHALL BE ENTITLED TO ALL


ees

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THE RIGHTS AND BENEFITS GRANTED TO A GUARDIAN OR A FOSTER
PARENT, PROVIDED THE CHILD IS UNDER THE PHYSICAL CARE OF
THE RELATIVE, UNTIL EITHER ONE OF THE FOLLOWING
CONDITIONS ARE ATTAINED:
(A) THE CHILD REACHED THE AGE OF EIGHTEEN (18); OR
(B) IF THE CHILD ATTENDS COLLEGE, THE CHILD
GRADUATED FROM COLLEGE OR ATTAINED THE AGE OF
TWENTY-ONE (21) WHILE STILL ATTENDING COLLEGE,
WHICHEVER OCCURS FIRST.

ONCE A CHILD HAS BEEN PLACED WITH A RELATIVE, THE
CHILD SHALL NOT BE REMOVED BY THE COURT OR ANY OTHER
AGENCY UNLESS:

(A) THE RELATIVE IS FOUND TO BE UNFIT OR UNABLE TO

ADEQUATELY PROVIDE FOR THE CARE AND SUPPORT OF
THE CHILD; OR
(B) THE RELATIVE CONSENTS TO THE REMOVAL OF THE
CHILD FROM THE HIS/HER CARE,
SECTION 3. 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 4. 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 5. Effectivity. — This Act shall take effect fifteen (15) days after its
publication in at least two (2) newspapers of general circulation.

Approved,