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REPUBLIC ACT No.

11222

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 Philippine Congress Assembled:

ARTICLE I
GENERAL PROVISIONS

Section 1. Short Title. - This Act shall be known as the "Simulated Birth Rectification Act".

Section 2. Objectives. - This Act shall have the following objectives:

(a) To grant amnesty and allow the 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.

Section 3. Definition of Terms. - As used in this Act:

(a) Certification Declaring a Child Legally Available for Adoption (CDCLAA) refers to a
document issued by the Secretary of the Department of Social Welfare and Development
(DSWD) 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, guardian, 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 protect 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

Section 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.

Section 5. Administrative Adoption and Rectification. - A person or persons who simulated the 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.

Section 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

Section 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.

Section 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. 1âwphi1

ARTICLE IV
ADMINISTRATIVE ADOPTION PROCEDURE

Section 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.

Section 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.

Section 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 the
petition was filed with the Office of the SWDO, 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".

Section 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.

Section 13. Socialized Fees. - The city or 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.

Section 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. 1âwphi1

ARTICLE V
EFFECTS OF ADMINISTRATIVE ADOPTION

Section 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 sons 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.

Section 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.

Section 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

Section 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.

Section 19. Rescission of Administrative Adoption. - The process for administrative adoption as


provided under Section 10 of this Act shall apply to the 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.

Section 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 the foregoing effects of rescission of adoption shall be without prejudice to the penalties
imposable under the Revised Penal Code if the criminal acts are proven.

ARTICLE VII
VIOLATIONS AND PENALTIES

Section 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
(₱200,000.00) 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

Section 22. Information Dissemination. - The DSWD, in coordination with the Department of the
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.
Section 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.

Section 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.

Section 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.

Section 26. Effectivity. - This Act shall take effect fifteen (15) days after its publication in the Official
Gazette or in a newspaper of general circulation.

REPUBLIC ACT No. 9523             March 12, 2009

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, PRESIDENTIAL DECREE NO. 603,
OTHERWISE KNOWN AS THE CHILD AND YOUTH WELFARE CODE, AND FOR OTHER
PURPOSES

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


assembled::

Section 1. Declaration of Policy. – It is hereby declared the policy of the State that alternative
protection and assistance shall be afforded to every child who is abandoned, surrendered, or
neglected. In this regard, the State shall extend such assistance in the most expeditious manner in
the interest of full emotional and social development of the abandoned, surrendered, or neglected
child.

It is hereby recognized that administrative processes under the jurisdiction of the Department of
Social Welfare and Development for the declaration of a child legally available for adoption of
abandoned, surrendered, or neglected children are the most expeditious proceedings for the best
interest and welfare of the child.

Section. 2. Definition of Terms. – As used in this Act, the following terms shall mean:

(1) Department of Social Welfare and Development (DSWD) is the agency charged to
implement the provisions of this Act and shall have the sole authority to issue the certification
declaring a child legally available for adoption.
(2) Child refers to a person below eighteen (18) years of age or a person over eighteen (18)
years of age but is unable to fully take care of him/herself or protect himself/herself from
abuse, neglect, cruelty, exploitation, or discrimination because of physical or mental disability
or condition.

(3) Abandoned Child refers to a child who has no proper parental care or guardianship, or
whose parent(s) have deserted him/her for a period of at least three (3) continuous months,
which includes a founding.

(4) Neglected Child refers to a child whose basic needs have been deliberately unattended
or inadequately attended within a period of three (3) continuous months. Neglect may occur
in two (2) ways:

(a) There is physical neglect when the child is malnourished, ill-clad, and without
proper shelter. A child is unattended when left by himself/herself without proper
provisions and/or without proper supervision.

(b) There is emotional neglect when the child is maltreated, raped, seduced,
exploited, overworked, or made to work under conditions not conducive to good
health; or is made to beg in the streets or public places; or when children are in moral
danger, or exposed to gambling, prostitution, and other vices.

(5) Child Legally Available for Adoption refers to a child in whose favor a certification was
issued by the DSWD that he/she is legally available for adoption after the fact of
abandonment or neglect has been proven through the submission of pertinent documents, or
one who was voluntarily committed by his/her parent(s) or legal guardian.

(6) Voluntarily Committed Child is one whose parent(s) or legal guardian knowingly and
willingly relinquished parental authority to the DSWD or any duly accredited child-placement
or child-caring agency or institution.

(7) Child-caring agency or institution refers to a private non-profit or government agency duly
accredited by the DSWD that provides twenty-four (24) hour residential care services for
abandoned, neglected, or voluntarily committed children.

(8) Child-placing agency or institution refers to a private non-profit institution or government


agency duly accredited by the DWSD that receives and processes applicants to become
foster or adoptive parents and facilitate placement of children eligible for foster care or
adoption.

(9) Petitioner refers to the head or executive director of a licensed or accredited child-caring
or child-placing agency or institution managed by the government, local government unit,
non-governmental organization, or provincial, city, or municipal Social Welfare Development
Officer who has actual custody of the minor and who files a certification to declare such child
legally available for adoption, or, if the child is under the custody of any other individual, the
agency or institution does so with the consent of the child's custodian.

(10) Secretary refers to the Secretary of the DSWD or his duly authorized representative.

(11) Conspicuous Place shall refer to a place frequented by the public, where by notice of
the petition shall be posted for information of any interested person.
(12) Social Case Study Report (SCSR) shall refer to a written report of the result of an
assessment conducted by a licensed social worker as to the social-cultural economic
condition, psychosocial background, current functioning and facts of abandonment or neglect
of the child. The report shall also state the efforts of social worker to locate the child's
biological parents/relatives.

Section 3. Petition. – The petition shall be in the form of an affidavit, subscribed and sworn to
before any person authorized by law to administer oaths. It shall contain facts necessary to establish
the merits of the petition and shall state the circumstances surrounding the abandonment or neglect
of the child.

The petition shall be supported by the following documents:

(1) Social Case Study Report made by the DSWD, local government unit, licensed or
accredited child-caring or child-placing agency or institution charged with the custody of the
child;

(2) Proof that efforts were made to locate the parent(s) or any known relatives of the child.
The following shall be considered sufficient:

(a) Written certification from a local or national radio or television station that the
case was aired on three (3) different occasions;

(b) Publication in one (1) newspaper of general circulation;

(c) Police report or barangay certification from the locality where the child was found
or a certified copy of a tracing report issued by the Philippine National Red Cross
(PNRC), National Headquarters (NHQ), Social Service Division, which states that
despite due diligence, the child's parents could not be found; and

(d) Returned registered mail to the last known address of the parent(s) or known
relatives, if any.

(3) Birth certificate, if available; and

(4) Recent photograph of the child and photograph of the child upon abandonment or
admission to the agency or institution.

Section 4. Procedure for the Filing of the Petition. – The petition shall be filed in the regional
office of the DSWD where the child was found or abandoned.

The Regional Director shall examine the petition and its supporting documents, if sufficient in form
and substance and shall authorize the posting of the notice of the petition conspicuous place for five
(5) consecutive days in the locality where the child was found.

The Regional Director shall act on the same and shall render a recommendation not later than five
(5) working days after the completion of its posting. He/she shall transmit a copy of his/her
recommendation and records to the Office of the Secretary within forty-eight (48) hours from the
date of the recommendation.
Section 5. Declaration of Availability for Adoption. – Upon finding merit in the petition, the
Secretary shall issue a certification declaring the child legally available for adoption within seven (7)
working days from receipt of the recommendation.

Said certification, by itself shall be the sole basis for the immediate issuance by the local civil
registrar of a foundling certificate. Within seven (7) working days, the local civil registrar shall
transmit the founding certificate to the National Statistic Office (NSO).

Section 6. Appeal. – The decision of the Secretary shall be appealable to the Court of Appeals
within five (5) days from receipt of the decision by the petitioner, otherwise the same shall be final
and executory.

Section 7. Declaration of Availability for Adoption of Involuntarily Committed Child and


Voluntarily Committed Child. – The certificate declaring a child legally available for adoption in
case of an involuntarily committed child under Article 141, paragraph 4(a) and Article 142 of
Presidential Decree No. 603 shall be issued by the DSWD within three (3) months following such
involuntary commitment.

In case of voluntary commitment as contemplated in Article 154 of Presidential Decree No. 603, the
certification declaring the child legally available for adoption shall be issued by the Secretary within
three (3) months following the filing of the Deed of Voluntary Commitment, as signed by the
parent(s) with the DSWD.

Upon petition filed with the DSWD, the parent(s) or legal guardian who voluntarily committed a child
may recover legal custody and parental authority over him/her from the agency or institution to which
such child was voluntarily committed when it is shown to the satisfaction of the DSWD that the
parent(s) or legal guardian is in a position to adequately provide for the needs of the child: Provided,
That, the petition for restoration is filed within (3) months after the signing of the Deed of Voluntary
Commitment.

Section 8. Certification. – The certification that a child is legally available for adoption shall be
issued by the DSWD in lieu of a judicial order, thus making the entire process administrative in
nature.

The certification, shall be, for all intents and purposes, the primary evidence that the child is legally
available in a domestic adoption proceeding, as provided in Republic Act No. 8552 and in an inter-
country adoption proceeding, as provided in Republic Act No. 8043.

Section. 9. Implementing Rules and Regulations. – The DSWD, together with the Council for
Welfare of Children, Inter-Country Adoption Board, two (2) representatives from licensed or
accredited child-placing and child-caring agencies or institution, National Statistics Office and Office
of the Civil Registrar, is hereby tasked to draft the implementing rules and regulations of this Act
within sixty (60) days following its complete publication.

Upon effectivity of this Act and pending the completion of the drafting of the implementing rules and
regulations, petitions for the issuance of a certification declaring a child legally available for adoption
may be filled with the regional office of the DSWD where the child was found or abandoned.

Section 10. Penalty. – The penalty of One hundred thousand pesos (P100,000.00) to Two hundred
thousand pesos (P200,000.00) shall be imposed on any person, institution, or agency who shall
place a child for adoption without the certification that the child is legally available for adoption
issued by the DSWD. Any agency or institution found violating any provision of this Act shall have its
license to operate revoked without prejudice to the criminal prosecution of its officers and
employees.

Violation of any provision of this Act shall subject the government official or employee concerned to
appropriate administrative, civil and/or criminal sanctions, including suspension and/or dismissal
from the government service and forfeiture of benefits.

Section 11. Repealing Clause. – Sections 2(c)(iii), 3(b), (e) and 8(a) of Republic Act No. 8552,
Section 3(f) of Republic Act No. 8043, Chapter 1 of Title VII, and VIII of Presidential Decree No. 603
and any law, presidential decree, executive order, letter of instruction, administrative order, rule, or
regulation contrary to or inconsistent with the provisions of this Act are hereby reprealed, modified or
amended accordingly.

Section 12. Separability Clause. – If any provision of this Act is held invalid or unconstitutional, the
other provisions not affected thereby shall remain valid and subsisting.

Section 13. Effectivity. – This Act shall take effect fifteen (15) days following its complete
publication in two (2) newspapers of general circulation or in the Official Gazette.

Approved,

REPUBLIC ACT. NO. 9858

AN ACT PROVIDING FOR THE LEGITIMATION OF CHILDREN BORN TO PARENTS BELOW


MARRYING AGE, AMENDING FOR THE PURPOSE THE FAMILY CODE OF THE PHILIPPINES,
AS AMENDED

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


assembled:

Section 1. Article 177 of Executive Order No. 209, otherwise known as the "Family Code of the
Philippines", as amended, is hereby further amended to read as follows:

"Art. 177. Children conceived and born outside of wedlock of parents who, at the time of conception
of the former, were not disqualified by any impediment to marry each other, or were so disqualified
only because either or both of them were below eighteen (18) years of age, may be legitimated."

"Art. 178. Legitimation shall take place by a subsequent valid marriage between parents. The
annulment of a voidable marriage shall not affect the legitimation."

Section 2. Implementing Rules. – The civil Registrar General shall, in consultation with the
chairpersons of the Committee on Revision of Laws of the House of Representatives and the
Committee on Youth, Women and Family Relations of the Senate, the Council for the Welfare of
Children, the Department of Justice (DOJ), the Department of Foreign Affairs (DFA), the office of the
Supreme Court Administrator, the Philippine Association of Civil Registrars (PACR) and the UP Law
Center, issue the necessary rules/regulations for the effective implementation of this Act not later
than one (1) month from its effectivity.
Section 3. Repealing Clause. – All laws, presidential decrees, executive orders, proclamations
and/or administrative regulations which are inconsistent with the provisions of this Act are hereby
amended, modified, superseded or repealed accordingly.

Section 4. Effectivity Clause. – This Act shall take effect fifteen (15) days after its complete
publication in the Official Gazette or in at least two (2) newspapers of national circulation.

Approved,

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