REPUBLIC ACT NO. 11222, February 21, 2019
115 OG No. 17, 4162 (April 29, 2019)
[ REPUBLIC ACT NO. 11222, February 21, 2019 ]
AN ACT ALLOWING THE RECTIFICATION OF SIMULATED BIRTH RECORDS AND PRESCRIBING ADMINISTRATIVE ADOPTION PROCEEDINGS FOR THE PURPOSE
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
ARTICLE I
GENERAL PROVISIONS
SECTION 1. Short Title. - This Act shall be known as the "Simulated Birth Rectification Act".
SEC. 2. Objectives. - This Act shall have the following objectives:
(a) To grant amnesty and allow rectification of the simulated birth of a child
where the simulation was made for the best interest of the child, and that
such child has been consistently considered and treated by the person or
persons who simulated such birth as her, his, or their own daughter or son;
(b) To fix the status and filiation of a child whose birth was simulated by
giving such child all the benefits of adoption and ensuring that the child
shall be entitled to all the rights provided by law to legally adopted
children, without any discrimination of any kind, as well as to love,
guidance, and support from the child's adoptive family;
(c) To exempt from criminal, civil, and administrative liability those who
simulated the birth record of a child prior to the effectivity of this
Act: Provided, That a petition for adoption with an application for
the rectification of the simulated birth record is filed within ten (10) years
from the effectivity of this Act;
(d) To provide for and allow a simpler and less costly administrative adoption
proceeding where the child has been living with the person or persons who
simulated her or his birth record for at least three (3) years before the
effectivity of this Act; and
(e) To educate and inform the public about the rectification of simulated
births, and to encourage people to avail of the benefits of this Act.
SEC. 3. Definition of Terms. - As used in this Act:
(a) Certification Declaring a Child Legacy Available for Adoption
(CDCLAA) refers to a document issued by the Secretary of the Department
of Social Welfare and Development (DSWS) or the Secretary's duly authorized
representative as provided for by Republic Act No. 9523, otherwise known as
"An Act Requiring Certification of the Department of Social Welfare and
Development (DSWD) to Declare a Child Legally Available for Adoption as a
Prerequisite for Adoption Proceedings, Amending for this Purpose Certain
Provisions of Republic Act No. 8552, otherwise known as the Domestic Adoption
Act of 1998; Republic Act No. 8043, otherwise known as the Inter-Country
Adoption Act of 1995; and Presidential Decree No. 603, otherwise known as the
Child and Youth Welfare Code, and for Other Purposes", administratively
declaring that a child is legally available for adoption which terminates the
rights of the biological parents, guardians, or other custodian to exercise
authority over the child upon issuance of the certificate;
(b) Child refers to a person below eighteen (18) years of age, or a
person eighteen (18) years of age or over who is unable to fully take care of
herself or himself or protects herself or himself from abuse, neglect,
cruelty, exploitation, or discrimination because of a physical or mental
disability or condition, whose birth was simulated;
(c) Foundling refers to a child who is abandoned and whose parentage
is unknown;
(d) Regional Director refers to the head of a field office of the
DSWD;
(e) Secretary refers to the Secretary of the DSWD;
(f) Simulation of birth record refers to the tampering of the civil
registry to make it appear in the record of birth that a child was born to a
person who is not such child's biological mother, causing the loss of the true
identity and status of such child; and
(g) Social Welfare and Development Officer refers to the head of a
city or municipal social welfare and development office, which serves as the
frontline of a city or municipal government in the delivery of social welfare
and development programs and services.
ARTICLE II
RECTIFICATION OF SIMULATED BIRTHS
SEC. 4. Rectification of Simulated Birth Record. - Notwithstanding
any provision of law to the contrary, a person or persons who, prior to the
effectivity of this Act, simulated the birth of a child, and those who
cooperated in the execution of such simulation, shall not be criminally,
civilly, or administratively liable for such act: Provided, That the
simulation of birth was made for the best interest of the child and that the
child has been consistently considered and treated by such person or persons
as her, his, or their own daughter or son: provided, further, That
such person or persons has or have filed a petition for adoption with an
application for the rectification of the simulated birth record within ten
(10) years from the effectivity of this Act: Provided, finally, That
all the benefits of this Act shall also apply to adult adoptees.
SEC. 5. Administrative Adoption and Rectification. - A person or
persons who simulated birth of a child under the conditions provided under
Section 4 of this Act may avail of administrative proceedings for the adoption
and rectification of the simulated birth record of such
child: Provided, That the child has been living with the person for
at least three (3) years before the effectivity of this Act: Provided,
further, That a certificate declaring the child legally available for
adoption (CDCLAA) is issued by the DSWD in favor of such child.
SEC. 6. Inadmissible Evidence. - All petitions, documents, records,
and papers relating to adoption and rectification of simulated births under
this Act cannot be used as evidence against those who simulated the birth of a
child or who cooperated in the execution of such simulation in any criminal,
civil, or administrative proceeding.
ARTICLE III
ADDITIONAL, REQUIREMENTS FOR ADMINISTRATIVE ADOPTION
SEC. 7. Personal Qualifications. - Adopters must:
(a) Be Filipino citizens;
(b) Be of legal age;
(c) Possess full civil capacity and legal rights;
(d) Be of good moral character;
(e) Have not been convicted of any crime involving moral turpitude;
(f) Be emotionally and psychologically capable of caring for children; and
(g) Be in a position to support and care for the child in keeping with the
means of the family.
In case of adoption by a married couple, where one of the adopters is a
foreign national married to a Filipino, the foreign national must have been
residing in the Philippines for at least three (3) continuous years prior to
the filing of the petition for adoption and application for rectification of
simulated birth record.
SEC. 8. Required Consent. - After being properly counseled and
informed of the right to give or withhold approval of the adoption, the
written consent of the following shall be required:
(a) The adoptee, if ten (10) years of age or over;
(b) The legitimate and adopted daughters and sons, ten (10) years of age or
over, of the adopter and adoptee, if any;
(c) The illegitimate daughters and sons, ten (10) years of age or over, of the
adopter if living with said adopter and the latter's spouse, if any; and
(d) The spouse, if any, of the adoptee.
ARTICLE IV
ADMINISTRATIVE ADOPTION PROCEDURE
SEC. 9. Petition. - The petition for adoption with an application
for rectification of simulated birth record shall be in the form of an
affidavit and shall be subscribed and sworn to by the petitioner or
petitioners before any person authorized by law to administer affirmations and
oaths. It shall state the facts necessary to establish the merits of the
petition, and the circumstances surrounding the simulation of the birth of the
child. The petition shall be supported by the following:
(a) A copy of simulated birth or foundling certificate of the child;
(b) Affidavit of admission if the simulation of birth was done by a third
person;
(c) Certification issued and signed by the punong barangay attesting that the
petitioner or petitioners is a resident or are residents of the barangay, and
that the child has been living with the petitioner or petitioners for at least
three (3) years prior to the effectivity of this Act;
(d) Affidavits of at least two (2) disinterested persons, who reside in the
same barangay where the child resides, attesting that the child has been
living with the petitioner for at least three (3) years prior to the
effectivity of this Act;
(e) CDCLAA issued by the DSWD; and
(f) Photographs of the child and the petitioner or petitioners taken within
the last three (3) months prior to the filing of the petition.
A CDCLAA shall no longer be required if the adoptee is already an adult or a
relative of the adopter within the fourth degree of consanguinity or affinity.
SEC. 10. Adoption Process. - The petition shall be filed with the
Office of the Social Welfare and Development Officer (SWDO) of the city or
municipality where the child resides. The SWDO shall have seven (7) days to
examine the petition and its supporting documents and determine whether the
same is sufficient in form and substance. If the SWDO finds that the petition
is insufficient in form or substance, the SWDo shall return the same to the
petitioner with a written explanation of its insufficiency. If the SWDO finds
the petition sufficient in form and substance, the SWDO shall forward the
petition and the supporting documents within three (3) days to the Regional
Director.
The Regional Director shall review the petition, establish the identity of the
child,and prepare the recommendation on the petition not later than thirty
(30) days from receipt thereof. The Regional Director may require the
petitioner to submit additional information or evidence to support the
petition. The failure of the petitioner to comply with such request shall not
preclude the Regional Director from acting on the petition based on the
evidence on hand.
The Regional Director shall transmit to the Secretary the recommendation on
the petition together with a copy of the petition and supporting documents.
The Secretary shall act and decide on the petition within thirty (30) days
from receipt of the recommendation of the Regional Director.
SEC. 11. Order of Adoption. - If the Secretary determines that the
adoption shall redound to the best interest of the child, an order of adoption
shall be issued which shall take effect on the date of the petition was filed
with the Office of the SWDC, even if the petitioner dies before its issuance.
The order of adoption shall state the name by which the adoptee shall be known
and shall likewise direct the:
(a) Cancellation of the simulated birth record of the child;
(b) Issuance of the rectified birth record bearing the names of the biological
parents of the child or the issuance of a foundling certificate; and
(c) Issuance of a new birth certificate.
An administrative adoption order obtained under this Act shall have the same
effect as a decree of adoption issued pursuant to Republic Act No. 8552,
otherwise known as the "Domestic Adoption Act of 1998".
SEC. 12. Civil Registry Record. - The Secretary shall immediately
transmit the order of adoption to the concerned DSWD Regional Office, which
shall in turn provide copies to the petitioners, the concerned agencies and
the appropriate local civil registrar.
The Local Civil Registrar shall stamp the simulated birth record "cancelled"
with an annotation of the issuance of a new rectified certificate of birth in
its place. The rectified birth certificate bearing the names of the biological
parents of the child or the foundling certificate shall then likewise be
stamped "cancelled" with the annotation of the issuance of a new birth record
in its place, and shall be sealed in the civil registry records. Thereafter,
the Local Civil Registrar shall record, register, and issue a new certificate
of birth which shall not bear any notation that it is a new or amended issue.
SEC. 13. Socialized Fees. - The city of municipal SWDO, the Regional
Director, and the Office of the Local Civil Registrar may charge socialized
fees to those who avail of the administrative adoption proceedings under this
Act. Fees shall be waived if the petitioner is indigent.
SEC. 14. Confidentiality. - All petitions, documents, records, and
papers relating to administrative adoption proceedings in the files of the
city or municipal SWDOs, the DSWD central and field offices, or any other
agency or institution participating in such proceedings shall be strictly
confidential.
The disclosure of any information shall be allowed only upon the written
request of the adoptee or in the case of a minor adoptee, her or his guardian.
ARTICLE V
EFFECTS OF ADMINISTRATIVE ADOPTION
SEC. 15. Legitimacy. - The adoptee shall be considered the
legitimate daughter or son of the adopter for all intents and purposes and as
such is entitled to all the rights and obligations provided by law to
legitimate daughters or son born to them without discrimination of any kind.
To this end, the adoptee, is entitled to love, guidance, and support in
keeping with the means of the family.
SEC. 16. Parental Authority. - Except where a biological parent is
the spouse of the adopter, all legal ties between the biological parents and
the adoptee shall be severed and the same shall then be vested in the adopter.
SEC. 17. Succession. - In legal and intestate succession, the
adopter and the adoptee shall have reciprocal rights of succession without
distinction from legitimate filiation. However, if the adoptee and her or his
biological parents left a will, the law on testamentary succession shall
govern.
ARTICLE VI
RESCISSION OF ADMINISTRATIVE ADOPTION
SEC. 18. Grounds for Rescission. - Upon petition of the adoptee,
with the assistance of the city or municipal SWDO or the DSWD if a minor or if
over eighteen (18) years of age but is incapacitated, the adoption may be
rescinded on any of the following grounds committed by the adopter:
(a) Repeated physical or verbal maltreatment by the adopter;
(b) Attempt on the life of the adoptee;
(c) Sexual assault or violence;
(d) Abandonment and failure to comply with parental obligations; or
(e) Other acts that are detrimental to the psychological and emotional
development of the adoptee.
Adoption, being in the best interest of the child, shall not be subject to
rescission by the adopter. However, the adopter may disinherit the adoptee for
causes provided in Article 919 of the Civil Code.
SEC. 19. Rescission of Administrative Adoption. - The process for
administrative adoption as provided under Section 10 of this Act shall apply
to rescission of administrative adoption: Provided, That the
concerned SWDO, Regional Director, and the Secretary shall act immediately on
the petition for rescission bearing in mind the best interest of the child.
The Secretary shall furnish a copy of the order of rescission to the concerned
DSWD Regional Office, which shall in turn provide copies to the petitioner,
the concerned agencies and the concerned local civil registrar. Thereafter,
the concerned local civil registrar shall cancel the new certificate of birth
of the adoptee, and restore the adoptee's rectified birth certificate bearing
the name/s of the biological parents, or the foundling certificate, as the
case may be.
SEC. 20. Effects of Rescission. - If the petition for rescission of
administrative adoption is granted by the Secretary, the parental authority of
the adoptee's biological parents, if known, shall be restored if the adoptee
is still a minor or incapacitated. The reciprocal rights and obligations of
the adopter and the adoptee to each other shall be extinguished.
Successional rights shall revert to its status prior to adoption, but only as
of the date of judgment of administrative rescission. Vested rights acquired
prior to administrative rescission shall be respected.
All foregoing effects of rescission of adoption shall be without the prejudice
to the penalties imposable under the Revised Penal Code if the criminal acts
are proven.
ARTICLE VII
VIOLATIONS AND PENALTIES
SEC. 21. Violations and Penalties. - The penalty of imprisonment
ranging from six (6) years and one (1) day to twelve (12) years and/or a fine
not less than Two hundred thousand pesos (P200,000.00) at the discretion of
the court shall be imposed on any person who shall commit any of the following
acts:
(a) Obtaining consent for an adoption through coercion, undue influence,
fraud, improper material inducement, or other similar acts;
(b) Noncompliance with the procedures and safeguards provided by law for the
adoption; or
(c) Subjecting or exposing the child to be adopted to danger, abuse, or
exploitation.
ARTICLE VIII
FINAL PROVISIONS
SEC. 22. Information Dissemination. - The DSWD, in coordination with
the Department of Interior and Local Government (DILG), the Department of
Education (DepEd), the Department of Health (DOH), various national leagues of
local government units, the Council for the Welfare of Children (CWC), and the
Philippine Statistics Authority (PSA), shall disseminate to the public
information regarding this Act and its implementation.
SEC. 23. Implementing Rules and Regulations. - The Secretary, after
due consultation with the PSA, the DILG, the Department of Justice (DOJ), and
the CWC, together with representatives from the Association of Local Civil
Registrars, child-caring and child-placing agencies, and child's rights civil
society organizations, shall issue rules and regulations for the effective
implementation of this Act within sixty (60) days from its effectivity.
SEC. 24. Repealing Clause. - Section 22 of Republic Act No. 8552 is
hereby repealed. All other laws, decrees, letters of instruction, executive
issuances, resolutions, orders or parts thereof which are inconsistent with
the provisions of this Act are hereby repealed, modified, or amended
accordingly.
SEC. 25. Separability Clause. - If any provision or part of this Act
is declared unconstitutional or invalid, the remaining parts or provisions not
affected shall remain in full force and effect.
SEC. 26. Effectivity. - This Act shall take effect fifteen (15) days
after its publication in the Official Gazette or in a newspaper of
general circulation.
Approved,
|
(SGD.) VCENTE M. SOTTO III
President of the Senate |
(SGD.) GLORIA MACAPAGAL ARROYO
Speaker of the House of Representatives |
This Act which is a consolidation of House Bill No. 5675 and Senate Bill No.
2081 was passed by the House of Representatives and the Senate on December 12,
2018 and December 13, 2018, respectively.
|
(SGD.) MYRA MARIE D. VILLARICA
Secretary of the Senate |
(SGD.) DANTE ROBERTO P. MALING
Acting Secretary General House of Representatives |
Approved: FEB 21 2019
(SGD.) RODRIGO ROA DUTERTE
President of the Philippines
