FOURTEENTH CONGRESS OF THE REPUBLIC 
) 
- I 
Jt'i -2 [ '  I 
!,, 
/ 
, 
,
.
 
L 
OF THE PHILIPPINES 
) 
First Regular Session 
1 
..---.,., 
~~ 
S E N A T E  
f.lji[;f:#VCfj ry( 
I 
Senate Bill No. 3 9 3 
INTRODUCED BY SEN. JINGGOY 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 a 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. 
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 earnestly requested. 
ESTRADA 
enator 


,, 
-~ 
, i~ 
a"6i . ., .j 
...:. iF.c3;;-f';$rry 
FOURTEENTH CONGRESS OF THE REPUBLIC 
) 
7 
ILJl -2 !
:
q
 
' . . 1; 
I
.
 
L . .  
OF THE PHILIPPINES 
) 
First Regular Session 
) 
S E N A T E  
I 
Senate Bill No. 3 93 
INTRODUCED BY SEN. JINGGOY EJERCITO ESTRADA 
AN ACT 
TO REQUIRE HOSPITALS TO ESTABLISH AND IMPLEMENT SECURITY 
PROCEDURES TO REDUCE THE LlKELlHOD 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 INFANTS ARE MISSING FROM 
THE HOSPITAL. 
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled: 
SECTION 1. 
Short Tifle. 
This Act shall be known as the "lnfanf 
Protection and Baby Switching Prevention Act." 
SEC 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. 
SEC 3. Definition of Terms. For purposes of this Act, the term: 
(1) 
"Identification Record" means a record maintained by 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 
(ii) 
(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. 
patient; 
A written description of the infant; and 
(2) 
"Secretary" means the Secretary of Health. 
SEC 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. 
SEC 5. Regulafions. The Secretary of Health shall: 
(A) 
consult with various organizations representing consumers, 
appropriate national and local regulatory agencies, hospitals and 
critical access hospitals; 
take into account variations in size and location of hospitals and 
critical access hospitals and the percentage of overall services 
furnished by such hospitals and critical access hospitals and 
neonatal care and infant care represent; and 
promulgate specific regulations that address each size and type of 
hospital covered. 
(6) 
(C) 
SEC 6. Publication. Not later than twelve (12) months after the date of 
the enactment of this Act, the Secretary shall publish such regulations. 
SEC 7. Violations and Penalties. 
A hospital which falls 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 (PI ,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. 
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,OOO.OO) in 
the case of an individual and not more than Five Hundred 
Thousand Pesos (P500,OOO.OO) in the case of an organization or 
imprisonment for not more than five (5) years or both. 
SEC 8. Separability Clause. If any provision, or part hereof, is held and 
invalid or unconstitutional, the remainder of the law or the provision not otherwise 
affected shall remain valid and subsisting. 
SEC. 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. 


SEC I O .  Effectivity Clause. This Act shall take effect fifteen (15) days 
after its publication in at least two (2) newspapers of general circulation. 
Approved,