FOURTEENTH CONGRESS OF THE } 
REPUBLIC OF THE PHILIPPINES 
} 
Second Regular Session 
1 
SENATE 
S. 6. No. 3310 
INTRODUCED BY SENATOR ALAN PETER “COMPANERO” S. CAYETANO 
EXPLANATORY NOTE 
Children are blessings from God. The primary duty to care for the child belongs 
to his or her parents. In fact most parents would do anything for their children. 
Regardless of their financial status in life, parents will sacrifice much for the future of 
their children. 
The State support for this noble endeavor, of parents caring for their children, is 
enunciated in the constitutional declaration - “The natural and primary right and duty of 
parents in the rearing of the youth for civic efficiency and the development of moral 
character shall receive the support of the Government“ (Article 11, Section 12 Philippine 
Constitution). 
What happens when a child is orphaned? Orphaned children who lose their 
parents to death, or were abandoned are humanly alone in this world. Who or what 
organization will step in to provide and care for the child? While some are blessed by 
being adopted, many are lefl in orphanages. Orphanages usually don’t have enough 
funds to fully care for the child. Many times there is a scarcity of resources for the basic 
needs of health and education. 
The State cannot just standby and watch while orphans are suffering and just 
barely surviving. The State should stand in as a parent. As in the parens patriae 
doctrine, that the government is the ultimate guardian of all people. Indeed, while the 
doctrine finds application to all citizens, more so to children, mentally impaired persons, 
and other differently-abled individuals who are legally incompetent to manage their 
affairs, there is a special call for its application to orphaned children who have no hand 
to hold but that of the State’s. Let us help them have confidence that although bereft of 
parents, they have a country, their Motherland that understands their needs and will 
help them become the best persons they could possibly be. 
This proposed bill underscores the fact that while our orphanages and child- 
caring institutions need resources to accomplish their task. Addressing the orphans 
needs should be a priority of the state. Let us be reminded that these children’s needs 
are no different from any other child of their age. 
This measure seeks to provide for a trust fund account for each orphaned minor 
under DSWD-accredited orphanages and care centers which the State has to fund by 
quarterly depositing a specified amount for each of the trust fund account. The trust 
fund account matures when the orphaned minor reaches the age of majority, and thus 


providing him or her seed money to start the life outside the confines of the orphanages 
and care centers. 
+ 
ALAN PETER “COMPANERO” S. CAYETANO 


FOURTEENtH CONGRESS OF THE } 
REPUBLIC OF THE PHILIPPINES 
} 
Second Regular Session 
1 
SENATE 
S. B. No. 3310 
... 
INTRODUCED BY SENATOR ALAN PETER “COMPANERO” S. CAYETANO 
AN ACT 
PROVIDING FOR A SOCIAL JUSTICE AND WELFARE PROGRAM TO SUPPORT 
AND CARE FOR ORPHANS BY CREATING A SPECIAL TRUST FUND, AND FOR 
OTHER PURPOSES 
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 Minor’s Trust 
Fund Act of 2009.” 
Section 2. Declaration of Policy.- In line with the State policy recognizing the 
vital role of the youth in nation-building and the State’s duty to promote and protect their 
physical, moral, spiritual, intellectual, and social well-being, it is hereby declared a policy 
of the State to support and care for orphaned minors. 
Section 3. Definition of Terms.- For purposes of this Act, the following terms 
are defined: 
“Commercial Bank” refers to a reputable private financial institution with a 
proven track record in the banking industry owned by a group of individuals 
which accepts deposits, makes business loans, and offers related services; 
“Orphaned Minor” refers to a child below the age of 18, who has become an 
orphan by the death or disappearance of, or abandonment by, both parents. The 
abandonment, disappearance should be for at least six continuous months; 
c.) “Orphanage” refers to any DSWD-accredited orphanage catering to the needs 
of orphans or abandoned minors; 
d.) “Orphaned Minor’s Trust Fund‘ refers to a special fund set aside for the 
orphaned minors under the care of the DSWD or any DSWD-accredited 


orphanage. The said fund shall operate as a special trust fund managed by a 
reputable commercial bank; 
e.) “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, abandoned, neglected, handicapped or disturbed 
children that is coordinated with the Department of Social Welfare and 
Development (DSWD); 
f,) “Guardian” refers to the owner of the orphanage and/or any elder in the 
orphanage tasked to keep an eye on the orphaned minor; 
Section 4. Coverage.- This Act shall cover all orphaned minors, under the care 
of the DSWD, public orphanages, DSWD-accredited private orphanages and other 
child-caring institutions that may be recognized by the DSWD in accordance with the 
implementing rules and regulations of this Act. 
Section 5.- National Monitoring System for Orphaned Minors.- The DSWD, 
in coordination with other government agencies tasked with caring for the welfare and 
development of 
children and 
the youth, shall come 
up with a comprehensive 
monitoring system to address the needs of orphaned minors. This system shall include, 
but not be limited to, coming up with an updated data on the number, location and 
personal profile of orphaned minors; profiling of orphanages and child-caring institutions 
nationwide; and establishing a transparent tnechanism that would provide a grant of a 
reasonable lump sum grant to orphaned minors who akeady turned 18 years old and 
are ready to lead a life on their own. 
Section 6.- Orphaned Minor’s Trust Fund.- 
A trust fund account in a 
commercial bank or in a number of commercial banks as defined in this Act, shall be 
opened in the name of every covered orphaned minor under a memorandum of 
agreement (MOA) to be entered into by a commercial bank and the DSWD. The DSWD, 
sourcing it from a regular annual appropriation item in its budget, shall deposit the sum 
of FIVE THOUSAND PESOS (PhP5000) quarterly in every trust fund account until the 
account matures, unless terminated earlier by the DSWD due to the death or ineligibility 
of the recipient. 
Each of the trust fund account shall be opened by the DSWD based on a verified 
list of orphans submitted by their respective orphanages and child-caring institutions. To 
maintain the real purchasing value of the said amount through the years, it shall be 
increased by the DSWD every three (3) years in proportion to the average inflation rate 


for the said period as certified by the National Economic Development Authority 
(NEDA). 
Each covered orphan shall be entitled to the said quarterly deposit in hidher trust 
fund for the entire duration that helshe was in an orphanage or child-caring institution 
until helshe reaches the age of 18. In the event that the orphaned minor has been 
rendered ineligible to receive the said fund, or dies prior to reaching the age of majority, 
the trust fund for such minor shall be forfeited in favor of State. 
Section 7. Budgetary Requirements- The DSWD shall incorporate the 
budgetary requirements of this Act in their annual budget proposal. 
Section 8. Implementing Rules and Regulations. -The DSWD, in consultation 
with the Department of Interior and Local Government (DILG), the National Economic 
and Development Authority, non-governmental organizations (NGO’s) and other 
agencies they deem necessary to consult, shall issue the Implementing Rules and 
Regulations (IRR) within ninety (90) days after the approval of this Act. 
Section 9. 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 I O .  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 11. Effectivity - This Act shall take effect fifteen (15) days after its 
publication in two (2) national newspapers of general circulation. 
Approved,