EIGHTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
Second Regular Session
INDEX
SENATE
SNO. _22.33
Submitted by the Committees on Women, Children, Family Relations, and 
Gender Equality; and Social Justice, Welfare, and Rural Development with 
Senators Lapid, De Lima and Hontiveros as authors
AN ACT
PROMOTING THE RIGHTS OF AND PROVIDING GREATER PROTECTIONS 
TO DESERTED OR ABANDONED CHILDREN WITH UNKNOWN PARENTS, 
AMENDING FOR THIS PURPOSE ARTICLES 276 AND 277 OF THE REVISED 
PENAL CODE AND SPECIAL LAWS, RECOGNIZING THEIR STATUS AS 
NATURAL-BORN CITIZENS OF THE PHILIPPINES, PROVIDING PENALTIES 
AGAINST ACTS INIMICAL TO THEIR WELFARE, AND FOR OTHER 
PURPOSES
Be it enacted by the Senate and the House of Representatives of the Phiiippines in 
Congress Assembied:
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SECTION 1. Short title. This Act shall be entitled as the "Foundling Recognition
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and Protection Act".
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SECTION 2. Declaration of Policy. - The State values the dignity of every human
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being and guarantees full respect for human rights. A child has the same general
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human rights as an adult, with specific rights that recognize specific needs. As such,
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the State shall protect the rights and ensure access to assistance, including proper
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care, nutrition and special protection from all forms of neglect, abuse, cruelty,
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exploitation and other conditions prejudicial to the development of every child.


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The State shall uphold the best interests of the child, including and especially
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the child with distinct vulnerabilities, such as the neglected, stateless, and
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abandoned or deserted, by proactively and diligently inquiring into the facts of the
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child's birth and parentage. It recognizes the generally-accepted thrust of
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international law to reduce and prevent statelessness. It shall protect any child with
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unknown parents by ensuring a natural-born citizen status consistent with our
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Constitution, the United Nations Convention on the Rights of the Child and other
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relevant instruments, and the generally accepted principles of international law. The
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State shall also adopt measures to ensure that support services are provided to
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foundlings and acts inimical to their welfare are penalized.
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SECTION 3. Definition offoundiing. — For purposes of this act, a foundling shall
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be a deserted or abandoned child or infant with unknown facts of birth and
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parentage. This shall also include those who have been duly registered as a
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foundling during her or his infant childhood, but have reached the age of majority
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without benefitting from adoption procedures upon the passage of this law.
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SECTION 4. Finder. - The finder shall be a person of legal age who discovered the
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deserted or abandoned child. The finder shall immediately inform the local social
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welfare and development office, other relevant national or local government
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agencies and/or recognized child-caring agencies for the provision of appropriate
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care and services in line with the foundling's needs and best interest.
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ARTICLE I.
STATUS AND LEGITIMACY
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SECTION 5. Citizenship status of a foundiing found in the Phiiippines
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and/or in Phiiippine embassies/ consulates and territories abroad. - A
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foundling found in the Philippines and/or in Philippine embassies, consulates and
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territories abroad is a natural-born Filipino citizen regardless of the status or
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circumstances of birth. As a natural-born citizen of the Philippines, a foundling is
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accorded with rights and protections at the moment of birth equivalent to those
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belonging to such class of citizens whose citizenship does not need perfection or any
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further act.
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The natural-born status of a foundling may not be impugned in any proceeding
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unless substantial proof of foreign parentage is shown. The natural-born status of a
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foundling shall not also be affected by the fact that the birth certificate was
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simulated, or that there was absence of a legal adoption process, or that there was
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inaction or delay in reporting, documenting, or registering a foundling.
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SECTION 6. Status of legitimacy. - A foundling shall be recognized as the
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legitimate child of the finder from the time of her/his birth, provided,. before
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such recognition, the DSWD shall conduct a preliminary assessment that will identify
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the needs of the child and the capacity of the finder to provide for these needs, and
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afford the child the opportunity to be heard in accordance with her/his development
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age and capacity; provided further \hdX the foundling has lived with and depended
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on the finder until the foundling reaches the age of majority; and provided finaiiy
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that the finder and foundling have conducted themselves as, and made known
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themselves to be, parent/s and child in their community. If the finder is married at
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the time the foundling was discovered, the foundling shall be considered the
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legitimate child of the finder and HER/his spouse.
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SECTION 7. Right to government programs and services. - A foundling shall,
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as a matter of right, be entitled to every available government program or service,
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including registration, facilitation of documents for adoption, education, legal and
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police protection, proper nourishment and medical care for survival and
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development, and admission to safe and secure child centers.


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The DSWD or its accredited child caring center or licensed and accredited
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SWDAs, the concerned LGUs, police authority and the finder shall, at ail times,
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consider the CHILD'S best interest in all actions or support services provided for a
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foundling
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ARTICLE II.
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REGISTRATION
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SECTION 8. Conduct of Search and Inquiry. - Within fifteen (15) days after
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commitment, or submission of the affidavit of the finder or other concerned person,
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or the information that there is a probable foundling was brought to the attention of
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the Department of Social Welfare and Development (DSWD), unless more time is
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needed in view of significant developments, the DSWD or any of its accredited child
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caring centers or licensed and accredited social welfare and development agencies
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(SWDAs), shall conduct a proactive and diligent search and inquiry into the facts of
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birth and parentage of the foundling.
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The DSWD or its accredited child caring center or licensed and accredited SWDAs,
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shall ask assistance from the finder, the local government units (LGUs), Local Social
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Welfare Development Offices (LSWDOs), the local or rural health units, the women
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and child protection desks of the Philippine National Police (PNP), the Department of
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Health (DOH), any public or private hospital, and other concerned individuals in the
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conduct of the search and inquiry. The official report of such inquiry shall thereafter
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be used for the application for and issuance of the certificate of live birth.
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Television, radio or print media or tri-media and other social media platforms may be
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used to conduct the search or to locate the whereabouts of the parents of the
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foundling without compromising the confidentiality of one's identity.
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SECTION 9. Registration of a Foundiing. - In addition to the affidavit of the
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finder and the certification of the barangay captain or police authority, the report of
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the DSWD or its accredited chiid caring center or iicensed and accredited SWDAs,
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duiy signed by the authorized officer, is aiso required before the foundiing may be
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registered with the Locai Civii Registrar. The report must indicate the fact that the
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birth and parentage of the foundiing are unknown despite the proactive and diiigent
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search and inquiry conducted. The report must be exhaustive and must inciude aii
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facts that have been gathered regarding the parents and the birth of the foundling.
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The DSWD shall fill out and submit the application for registration to the Local
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Civil Registrar which shall issue the Certificate of Live Birth of the foundling after
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receipt of the foregoing requirements: Provided, That one who has an existing
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certificate of foundling or a similar official document issued before the
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implementation of this Act shall also be immediately issued a Certificate of Live Birth
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on the basis of such document alone: Provided further, That if such certificate of live
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birth has not been issued yet, the certificate of foundling or a similar official
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document shall function as such with the same legal effect.
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The concerned agencies shall streamline the registration process for a
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foundling, regardless of age and circumstances, in order, to expedite the issuance of
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a Certificate of Live Birth and without placing any unnecessary burden on the
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foundling; provided, that the foundling has the right to access all the documentary
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requirements submitted for registration; provided further, that in the certificate of
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live birth and succeeding public documents, the foundling shall not be referred to as
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such, or in any other discriminatory manner; provided further, that the foundling
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shall not be considered stateless between the period of finding or discovery and the
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issuance of the order of confirmation of citizenship; provided finally, that the privacy
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and best interest of the child shall be protected at all times.
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SECTION 10. Revocation of Issued Certificate of Live Birth. - The following
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are grounds for cancellation of a foundling's certificate of live birth:


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a. Parentage of the foundling has been established; or
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b. Fraud to conceal the material facts of birth or parentage of the person that
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would otherwise not render the person as a foundling.
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If the parentage of one foundling is established, and the foundling cannot
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acquire the citizenship of the parents which will result in statelessness, the foundling
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shall retain Philippine citizenship until such time that it can be established that the
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foundling is able to benefit from the citizenship of either parent.
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SECTION 11. Reclaiming of parental authority by biological parents. The
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Council for the Welfare of Children (CWC) or its local counterpart, shall provide the
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necessary assistance to authorities when the biological parents of a foundling are
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identified and express the desire to reclaim parental authority over them.
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ARTICLE III.
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Safe Haven
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SECTION 12. Safe haven. - Notwithstanding Articles 276 and 277 of the Revised
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Penal Code and Republic Act No. 7610, any parent who relinquishes an infant thirty
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days old and younger to the following persons or entities shall be exempt from
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criminal liability:
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(a) A licensed child-caring agency
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(b) A licensed child-placing agency
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(c) A church
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(d) A medical staff member at a licensed government and private hospital;
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and


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(e) Any other person that shall be designated as a safe haven provider by the
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Secretary of Social Welfare and Development under the implementing
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rules and regulations of this Act.
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SECTION 13. Duties and responsibilities of the safe haven provider. - The
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safe haven provider shall act appropriately to take care of the infant; inform the
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parent that the parent may, but is not required to answer questions regarding the
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identity and medical history of the infant; confirm that the parent wishes to
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permanently relinquish their parental rights and release the infant for adoption; and
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within forty eight (48) hours inform the nearest office of the Department of Social
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Welfare and Development.
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SECTION 14. Immunity for the safe haven provider. - A safe haven provider
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who receives an infant pursuant to this Act shall not be liable for any civil damages
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for any act or omission done in maintaining custody of the infant, provided that the
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safe haven provider acts in good faith without gross negligence.
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ARTICLE IV.
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Penalties
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SECTION 15. Penalties-l\\e. following penalties shall be Imposed:
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a) The penalty of Imprisonment of not less than six (6) months but not more 
than six (6) years shall be imposed on any person who falsifies or is 
involved in the faisification of the registration of the supposed foundling, 
including the documents required therefor, provided, that a public officer 
found to have been involved in such act of falsification shall be punished by 
the penalty next higher in degree;


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b) The penalty of imprisonment of not iess than six (6) months but not more 
than five (5) years shaii be imposed on the finder, the concerned DSWD 
officer or staff or its accredited child caring center or iicensed and 
accredited SWDA, police officers, city, municipal and barangay officers, 
heaith employees, hospital staff and any other concerned person who 
refuses, delays, or obstructs the conduct of search and inquiry into the 
facts of birth and parentage of the foundiing; and
c) A fine ranging from One million pesos (PI, 000, 000.00) to Five miilion 
pesos (P5, 000, 000.00) or imprisonment of not less than three (3) months 
but not more than two (2) years, or both, at the discretion of the court, 
shaii be imposed on any person filing a maiicious compiaint found to have 
been initiated for the purpose of harassing, annoying, vexing, persecuting 
or injuring a foundiing especialiy in the exercise of the foundiing's rights as 
a natural-born citizen;
d) Without prejudice to criminai iiabiiity under other laws, a fine ranging from 
One miiiion pesos (P1,000,000.00) to Five miilion pesos (P5, 000, 000.00) 
or imprisonment of not iess than three (3) months but not more than two 
(2) years, or both, shaii be imposed on any person who faisifies or is 
involved in the falsification of the registration of the supposed foundiing, 
including the documents required therefor, to facilitate the crime of 
kidnapping and trafficking in persons, provided, that a public officer found 
to have been involved in such act of faisification shaii be punished by the 
penaity next higher in degree and shaii be perpetually disqualified from 
office.


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The penalties under this section are without prejudice to other liabilities
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arising from existing civil, administrative and criminal laws for the same act or
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violation.
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ARTICLE V.
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Final provisions.
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SECTION 16. Advocacy and Information Dissemination. - The PSA and
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DSWD, together with LSWDOs, and other relevant stakeholders shall conceptualize,
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conduct and coordinate information dissemination and advocacy campaigns on the
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provisions and implementation of this Act, and the issues and concerns affecting a
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foundling.
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SECTION 17. Data Collection - In order to develop and implement more
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responsive policies, plans and programs for foundlings, regular and synchronized
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data collection shall be conducted by the LGUs in coordination with the Philippine
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Statistics Authority (PSA), DSWD and other relevant stakeholder. The collection,
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preservation and sharing of data shall be conducted pursuant to Republic Act No.
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10173 otherwise known as the Data Privacy Act.
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SECTION 18. Retroactive application. - This Act shall have retroactive effect for
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any foundling insofar as it does not prejudice or impair vested or acquired rights
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pursuant to existing laws.
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SECTION 19. Implementing rules and regulations. - Within ninety (90) days
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from the approval of this Act, the Secretary of Social Welfare and Development shall,
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in consultation with the Secretary of Justice, Secretary of the Interior and Local
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Government, Philippine Statistics Authority, Council for the Welfare of Children
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(CWC) and two (2) representatives from child-caring agencies catering to abandoned
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children and foundlings, formulate the rules and regulations to implement this Act.


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SECTION 20. Transitory Provision. All the benefits of this act shall also apply to
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foundlings duly registered as such during their chiidhood, but have reached the age
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of majority without benefitting from adoption procedures; provided that such
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foundiing shali undergo the procedure and comply with the requirements outiined in
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the IRR within ten (10) years of its effectivity.
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SECTION 21. Repealing Clause. - All other laws, decrees, executive orders,
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issuances, rules and regulations, or part thereof inconsistent with this Act are hereby
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likewise repealed or amended accordingly.
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SECTION 22. Separability Clause. - If, for any reason, any section or provisions
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of this Act is deciared unconstitutional or invalid, the other sections or provisions not
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affected thereby shail remain in fuil force and effect.
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SECTION 23. Suppietory Clause. - Republic Act No. 11222 or the "Simuiated
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Birth Rectification Act", Executive Order No. 209, s. 1987 or "The Famiiy Code of the
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Phiiippines," and other existing and appiicable laws on adoption and on child
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welfare, care and protection, shail have suppietory application to this Act.
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SECTION 24. Effectivity Clause. - This Act shall take effect after fifteen (15) days
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upon publication in at least two (2) newspapers of general circulation.
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Approved,
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