REPUBLIC ACT NO.

8972

AN ACT PROVIDING FOR BENEFITS AND PRIVILEGES TO SOLO PARENTS AND THEIR
CHILDREN, APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES

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

Section 1. Title. - This Act shall be known as the "Solo Parents' Welfare Act of 2000."

Section 2. Declaration of Policy. - It is the policy of the State to promote the family as the foundation
of the nation, strengthen its solidarity and ensure its total development. Towards this end, it shall
develop a comprehensive program of services for solo parents and their children to be carried out by
the Department of Social Welfare and Development (DSWD), the Department of Health (DOH), the
Department of Education, Culture and Sports (DECS), the Department of the Interior and Local
Government (DILG), the Commission on Higher Education (CHED), the Technical Education and
Skills Development Authority (TESDA), the National Housing Authority (NHA), the Department of
Labor and Employment (DOLE) and other related government and nongovernment agencies.

Section 3. Definition of Terms. - Whenever used in this Act, the following terms shall mean as
follows:

(a) "Solo parent" - any individual who falls under any of the following categories:

(1) A woman who gives birth as a result of rape and other crimes against chastity
even without a final conviction of the offender: Provided, That the mother keeps and
raises the child;

(2) Parent left solo or alone with the responsibility of parenthood due to death of
spouse;

(3) Parent left solo or alone with the responsibility of parenthood while the spouse is
detained or is serving sentence for a criminal conviction for at least one (1) year;

(4) Parent left solo or alone with the responsibility of parenthood due to physical
and/or mental incapacity of spouse as certified by a public medical practitioner;

(5) Parent left solo or alone with the responsibility of parenthood due to legal
separation or de facto separation from spouse for at least one (1) year, as long as
he/she is entrusted with the custody of the children;

(6) Parent left solo or alone with the responsibility of parenthood due to declaration of
nullity or annulment of marriage as decreed by a court or by a church as long as
he/she is entrusted with the custody of the children;

(7) Parent left solo or alone with the responsibility of parenthood due to
abandonment of spouse for at least one (1) year;

(8) Unmarried mother/father who has preferred to keep and rear her/his child/children
instead of having others care for them or give them up to a welfare institution;
 (9) Any other person who solely provides parental care and support to a child or
children;

(10) Any family member who assumes the responsibility of head of family as a result
of the death, abandonment, disappearance or prolonged absence of the parents or
solo parent.

A change in the status or circumstance of the parent claiming benefits under this Act,
such that he/she is no longer left alone with the responsibility of parenthood, shall
terminate his/her eligibility for these benefits.

(b) "Children" - refer to those living with and dependent upon the solo parent for support who
are unmarried, unemployed and not more than eighteen (18) years of age, or even over
eighteen (18) years but are incapable of self-support because of mental and/or physical
defect/disability.

(c) "Parental responsibility" - with respect to their minor children shall refer to the rights and
duties of the parents as defined in Article 220 of Executive Order No. 209, as amended,
otherwise known as the "Family Code of the Philippines."

(d) "Parental leave" - shall mean leave benefits granted to a solo parent to enable him/her to
perform parental duties and responsibilities where physical presence is required.

(e) "Flexible work schedule" - is the right granted to a solo parent employee to vary his/her
arrival and departure time without affecting the core work hours as defined by the employer.

Section 4. Criteria for Support. - Any solo parent whose income in the place of domicile falls below
the poverty threshold as set by the National Economic and Development Authority (NEDA) and
subject to the assessment of the DSWD worker in the area shall be eligible for assistance: Provided,
however, That any solo parent whose income is above the poverty threshold shall enjoy the benefits
mentioned in Sections 6, 7 and 8 of this Act.

Section 5. Comprehensive Package of Social Development and Welfare Services. - A

comprehensive package of social development and welfare services for solo parents and their
families will be developed by the DSWD, DOH, DECS, CHED, TESDA, DOLE, NHA and DILG, in
coordination with local government units and a nongovernmental organization with proven track
record in providing services for solo parents.

The DSWD shall coordinate with concerned agencies the implementation of the comprehensive
package of social development and welfare services for solo parents and their families. The package
will initially include:

(a) Livelihood development services which include trainings on livelihood skills, basic
business management, value orientation and the provision of seed capital or job placement.

(b) Counseling services which include individual, peer group or family counseling. This will
focus on the resolution of personal relationship and role conflicts.

(c) Parent effectiveness services which include the provision and expansion of knowledge
and skills of the solo parent on early childhood development, behavior management, health
care, rights and duties of parents and children.
 (d) Critical incidence stress debriefing which includes preventive stress management
strategy designed to assist solo parents in coping with crisis situations and cases of abuse.

(e) Special projects for individuals in need of protection which include temporary shelter,
counseling, legal assistance, medical care, self-concept or ego-building, crisis management
and spiritual enrichment.

Section 6. Flexible Work Schedule. - The employer shall provide for a flexible working schedule for
solo parents: Provided, That the same shall not affect individual and company
productivity: Provided, further, That any employer may request exemption from the above
requirements from the DOLE on certain meritorious grounds.

Section 7. Work Discrimination. - No employer shall discriminate against any solo parent employee
with respect to terms and conditions of employment on account of his/her status.

Section 8. Parental Leave. - In addition to leave privileges under existing laws, parental leave of not
more than seven (7) working days every year shall be granted to any solo parent employee who has
rendered service of at least one (1) year.

Section 9. Educational Benefits. - The DECS, CHED and TESDA shall provide the following benefits
and privileges:

(1) Scholarship programs for qualified solo parents and their children in institutions of basic,
tertiary and technical/skills education; and

(2) Nonformal education programs appropriate for solo parents and their children.

The DECS, CHED and TESDA shall promulgate rules and regulations for the proper implementation
of this program.

Section 10. Housing Benefits. - Solo parents shall be given allocation in housing projects and shall
be provided with liberal terms of payment on said government low-cost housing projects in
accordance with housing law provisions prioritizing applicants below the poverty line as declared by
the NEDA.

Section 11. Medical Assistance. - The DOH shall develop a comprehensive health care program for
solo parents and their children. The program shall be implemented by the DOH through their
retained hospitals and medical centers and the local government units (LGUs) through their
provincial/district/city/municipal hospitals and rural health units (RHUs).

Section 12. Additional Powers and Functions of the DSWD. — The DSWD shall perform the
following additional powers and functions relative to the welfare of solo parents and their families:

(a) Conduct research necessary to: (1) develop a new body of knowledge on solo parents;
(2) define executive and legislative measures needed to promote and protect the interest of
solo parents and their children; and (3) assess the effectiveness of programs designed for
disadvantaged solo parents and their children;

(b) Coordinate the activities of various governmental and nongovernmental organizations

engaged in promoting and protecting the interests of solo parents and their children; and
 (c) Monitor the implementation of the provisions of this Act and suggest mechanisms by
which such provisions are effectively implemented.

Section 13. Implementing Rules and Regulations. - An interagency committee headed by the

DSWD, in coordination with the DOH, DECS, CHED, TESDA, DOLE, NHA, and DILG is hereby
established which shall formulate, within ninety (90) days upon the effectivity of this Act, the
implementing rules and regulations in consultation with the local government units, nongovernment
organizations and people's organizations.

Section 14. Appropriations. - The amount necessary to carry out the provisions of this Act shall be
included in the budget of concerned government agencies in the General Appropriations Act of the
year following its enactment into law and thereafter. 1awphil.net

Section 15. Repealing Clause. - All laws, decrees, executive orders, administrative orders or parts
thereof inconsistent with the provisions of this Act are hereby repealed, amended or modified
accordingly.

Section 16. Separability Clause. - If any provision of this Act is held invalid or unconstitutional, other
provisions not affected thereby shall continue to be in full force and effect.

Section 17. Effectivity Clause. - This Act shall take effect fifteen (15) days following its complete
publication in the Official Gazette or in at least two (2) newspaper of general circulation.

Approved.

Republic Act No. 9262             March 08, 2004

AN ACT DEFINING VIOLENCE AGAINST WOMEN AND THEIR CHILDREN, PROVIDING FOR
PROTECTIVE MEASURES FOR VICTIMS, PRESCRIBING PENALTIES THEREFORE, AND FOR
OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippine Congress Assembled:

SECTION 1. Short Title.- This Act shall be known as the "Anti-Violence Against Women and Their
Children Act of 2004".

SECTION 2. Declaration of Policy.- It is hereby declared that the State values the dignity of women
and children and guarantees full respect for human rights. The State also recognizes the need to
protect the family and its members particularly women and children, from violence and threats to
their personal safety and security.

Towards this end, the State shall exert efforts to address violence committed against women and
children in keeping with the fundamental freedoms guaranteed under the Constitution and the
Provisions of the Universal Declaration of Human Rights, the convention on the Elimination of all
forms of discrimination Against Women, Convention on the Rights of the Child and other
international human rights instruments of which the Philippines is a party.
SECTION 3. Definition of Terms.- As used in this Act,

(a) "Violence against women and their children" refers to any act or a series of acts
committed by any person against a woman who is his wife, former wife, or against a woman
with whom the person has or had a sexual or dating relationship, or with whom he has a
common child, or against her child whether legitimate or illegitimate, within or without the
family abode, which result in or is likely to result in physical, sexual, psychological harm or
suffering, or economic abuse including threats of such acts, battery, assault, coercion,
harassment or arbitrary deprivation of liberty. It includes, but is not limited to, the following
acts:

A. "Physical Violence" refers to acts that include bodily or physical harm;

B. "Sexual violence" refers to an act which is sexual in nature, committed against a

woman or her child. It includes, but is not limited to:

a) rape, sexual harassment, acts of lasciviousness, treating a woman or her

child as a sex object, making demeaning and sexually suggestive remarks,
physically attacking the sexual parts of the victim's body, forcing her/him to
watch obscene publications and indecent shows or forcing the woman or her
child to do indecent acts and/or make films thereof, forcing the wife and
mistress/lover to live in the conjugal home or sleep together in the same
room with the abuser;

b) acts causing or attempting to cause the victim to engage in any sexual

activity by force, threat of force, physical or other harm or threat of physical or
other harm or coercion;

c) Prostituting the woman or child.

C. "Psychological violence" refers to acts or omissions causing or likely to cause

mental or emotional suffering of the victim such as but not limited to intimidation,
harassment, stalking, damage to property, public ridicule or humiliation, repeated
verbal abuse and mental infidelity. It includes causing or allowing the victim to
witness the physical, sexual or psychological abuse of a member of the family to
which the victim belongs, or to witness pornography in any form or to witness
abusive injury to pets or to unlawful or unwanted deprivation of the right to custody
and/or visitation of common children.

D. "Economic abuse" refers to acts that make or attempt to make a woman

financially dependent which includes, but is not limited to the following:

1. withdrawal of financial support or preventing the victim from engaging in

any legitimate profession, occupation, business or activity, except in cases
wherein the other spouse/partner objects on valid, serious and moral grounds
as defined in Article 73 of the Family Code;

2. deprivation or threat of deprivation of financial resources and the right to

the use and enjoyment of the conjugal, community or property owned in
common;
 3. destroying household property;

4. controlling the victims' own money or properties or solely controlling the

conjugal money or properties.

(b) "Battery" refers to an act of inflicting physical harm upon the woman or her child resulting
to the physical and psychological or emotional distress.

(c) "Battered Woman Syndrome" refers to a scientifically defined pattern of psychological

and behavioral symptoms found in women living in battering relationships as a result of
cumulative abuse.

(d) "Stalking" refers to an intentional act committed by a person who, knowingly and without
lawful justification follows the woman or her child or places the woman or her child under
surveillance directly or indirectly or a combination thereof.

(e) "Dating relationship" refers to a situation wherein the parties live as husband and wife
without the benefit of marriage or are romantically involved over time and on a continuing
basis during the course of the relationship. A casual acquaintance or ordinary socialization
between two individuals in a business or social context is not a dating relationship.

(f) "Sexual relations" refers to a single sexual act which may or may not result in the bearing
of a common child.

(g) "Safe place or shelter" refers to any home or institution maintained or managed by the
Department of Social Welfare and Development (DSWD) or by any other agency or voluntary
organization accredited by the DSWD for the purposes of this Act or any other suitable place
the resident of which is willing temporarily to receive the victim.

(h) "Children" refers to those below eighteen (18) years of age or older but are incapable of
taking care of themselves as defined under Republic Act No. 7610. As used in this Act, it
includes the biological children of the victim and other children under her care.

SECTION 4. Construction.- This Act shall be liberally construed to promote the protection and safety
of victims of violence against women and their children.

SECTION 5. Acts of Violence Against Women and Their Children.- The crime of violence against
women and their children is committed through any of the following acts:

(a) Causing physical harm to the woman or her child;

(b) Threatening to cause the woman or her child physical harm;

(c) Attempting to cause the woman or her child physical harm;

(d) Placing the woman or her child in fear of imminent physical harm;

(e) Attempting to compel or compelling the woman or her child to engage in conduct which
the woman or her child has the right to desist from or desist from conduct which the woman
or her child has the right to engage in, or attempting to restrict or restricting the woman's or
her child's freedom of movement or conduct by force or threat of force, physical or other
 harm or threat of physical or other harm, or intimidation directed against the woman or child.
This shall include, but not limited to, the following acts committed with the purpose or effect
of controlling or restricting the woman's or her child's movement or conduct:

(1) Threatening to deprive or actually depriving the woman or her child of custody to
her/his family;

(2) Depriving or threatening to deprive the woman or her children of financial support
legally due her or her family, or deliberately providing the woman's children
insufficient financial support;

(3) Depriving or threatening to deprive the woman or her child of a legal right;

(4) Preventing the woman in engaging in any legitimate profession, occupation,

business or activity or controlling the victim's own mon4ey or properties, or solely
controlling the conjugal or common money, or properties;

(f) Inflicting or threatening to inflict physical harm on oneself for the purpose of controlling her
actions or decisions;

(g) Causing or attempting to cause the woman or her child to engage in any sexual activity
which does not constitute rape, by force or threat of force, physical harm, or through
intimidation directed against the woman or her child or her/his immediate family;

(h) Engaging in purposeful, knowing, or reckless conduct, personally or through another, that
alarms or causes substantial emotional or psychological distress to the woman or her child.
This shall include, but not be limited to, the following acts:

(1) Stalking or following the woman or her child in public or private places;

(2) Peering in the window or lingering outside the residence of the woman or her
child;

(3) Entering or remaining in the dwelling or on the property of the woman or her child
against her/his will;

(4) Destroying the property and personal belongings or inflicting harm to animals or
pets of the woman or her child; and

(5) Engaging in any form of harassment or violence;

(i) Causing mental or emotional anguish, public ridicule or humiliation to the woman or her
child, including, but not limited to, repeated verbal and emotional abuse, and denial of
financial support or custody of minor children of access to the woman's child/children.

SECTION 6. Penalties.- The crime of violence against women and their children, under Section 5
hereof shall be punished according to the following rules:

(a) Acts falling under Section 5(a) constituting attempted, frustrated or consummated
parricide or murder or homicide shall be punished in accordance with the provisions of the
Revised Penal Code.
 If these acts resulted in mutilation, it shall be punishable in accordance with the Revised
Penal Code; those constituting serious physical injuries shall have the penalty of prison
mayor; those constituting less serious physical injuries shall be punished by prision
correccional; and those constituting slight physical injuries shall be punished by arresto
mayor.

Acts falling under Section 5(b) shall be punished by imprisonment of two degrees lower than
the prescribed penalty for the consummated crime as specified in the preceding paragraph
but shall in no case be lower than arresto mayor.

(b) Acts falling under Section 5(c) and 5(d) shall be punished by arresto mayor;

(c) Acts falling under Section 5(e) shall be punished by prision correccional;

(d) Acts falling under Section 5(f) shall be punished by arresto mayor;

(e) Acts falling under Section 5(g) shall be punished by prision mayor;

(f) Acts falling under Section 5(h) and Section 5(i) shall be punished by prision mayor.

If the acts are committed while the woman or child is pregnant or committed in the presence
of her child, the penalty to be applied shall be the maximum period of penalty prescribed in
the section.

In addition to imprisonment, the perpetrator shall (a) pay a fine in the amount of not less than
One hundred thousand pesos (P100,000.00) but not more than three hundred thousand
pesos (300,000.00); (b) undergo mandatory psychological counseling or psychiatric
treatment and shall report compliance to the court.

SECTION 7. Venue.- The Regional Trial Court designated as a Family Court shall have original and
exclusive jurisdiction over cases of violence against women and their children under this law. In the
absence of such court in the place where the offense was committed, the case shall be filed in the
Regional Trial Court where the crime or any of its elements was committed at the option of the
compliant.

SECTION 8. Protection Orders.- A protection order is an order issued under this act for the purpose
of preventing further acts of violence against a woman or her child specified in Section 5 of this Act
and granting other necessary relief. The relief granted under a protection order serve the purpose of
safeguarding the victim from further harm, minimizing any disruption in the victim's daily life, and
facilitating the opportunity and ability of the victim to independently regain control over her life. The
provisions of the protection order shall be enforced by law enforcement agencies. The protection
orders that may be issued under this Act are the barangay protection order (BPO), temporary
protection order (TPO) and permanent protection order (PPO). The protection orders that may be
issued under this Act shall include any, some or all of the following reliefs:

(a) Prohibition of the respondent from threatening to commit or committing, personally or

through another, any of the acts mentioned in Section 5 of this Act;

(b) Prohibition of the respondent from harassing, annoying, telephoning, contacting or

otherwise communicating with the petitioner, directly or indirectly;
(c) Removal and exclusion of the respondent from the residence of the petitioner, regardless
of ownership of the residence, either temporarily for the purpose of protecting the petitioner,
or permanently where no property rights are violated, and if respondent must remove
personal effects from the residence, the court shall direct a law enforcement agent to
accompany the respondent has gathered his things and escort respondent from the
residence;

(d) Directing the respondent to stay away from petitioner and designated family or household
member at a distance specified by the court, and to stay away from the residence, school,
place of employment, or any specified place frequented by the petitioner and any designated
family or household member;

(e) Directing lawful possession and use by petitioner of an automobile and other essential
personal effects, regardless of ownership, and directing the appropriate law enforcement
officer to accompany the petitioner to the residence of the parties to ensure that the
petitioner is safely restored to the possession of the automobile and other essential personal
effects, or to supervise the petitioner's or respondent's removal of personal belongings;

(f) Granting a temporary or permanent custody of a child/children to the petitioner;

(g) Directing the respondent to provide support to the woman and/or her child if entitled to
legal support. Notwithstanding other laws to the contrary, the court shall order an appropriate
percentage of the income or salary of the respondent to be withheld regularly by the
respondent's employer for the same to be automatically remitted directly to the woman.
Failure to remit and/or withhold or any delay in the remittance of support to the woman
and/or her child without justifiable cause shall render the respondent or his employer liable
for indirect contempt of court;

(h) Prohibition of the respondent from any use or possession of any firearm or deadly
weapon and order him to surrender the same to the court for appropriate disposition by the
court, including revocation of license and disqualification to apply for any license to use or
possess a firearm. If the offender is a law enforcement agent, the court shall order the
offender to surrender his firearm and shall direct the appropriate authority to investigate on
the offender and take appropriate action on matter;

(i) Restitution for actual damages caused by the violence inflicted, including, but not limited
to, property damage, medical expenses, childcare expenses and loss of income;

(j) Directing the DSWD or any appropriate agency to provide petitioner may need; and

(k) Provision of such other forms of relief as the court deems necessary to protect and
provide for the safety of the petitioner and any designated family or household member,
provided petitioner and any designated family or household member consents to such relief.

Any of the reliefs provided under this section shall be granted even in the absence of a
decree of legal separation or annulment or declaration of absolute nullity of marriage.

The issuance of a BPO or the pendency of an application for BPO shall not preclude a
petitioner from applying for, or the court from granting a TPO or PPO.
SECTION 9. Who may file Petition for Protection Orders. – A petition for protection order may be
filed by any of the following:

(a) the offended party;

(b) parents or guardians of the offended party;

(c) ascendants, descendants or collateral relatives within the fourth civil degree of
consanguinity or affinity;

(d) officers or social workers of the DSWD or social workers of local government units
(LGUs);

(e) police officers, preferably those in charge of women and children's desks;

(f) Punong Barangay or Barangay Kagawad;

(g) lawyer, counselor, therapist or healthcare provider of the petitioner;

(h) At least two (2) concerned responsible citizens of the city or municipality where the
violence against women and their children occurred and who has personal knowledge of the
offense committed.

SECTION 10. Where to Apply for a Protection Order. – Applications for BPOs shall follow the rules
on venue under Section 409 of the Local Government Code of 1991 and its implementing rules and
regulations. An application for a TPO or PPO may be filed in the regional trial court, metropolitan trial
court, municipal trial court, municipal circuit trial court with territorial jurisdiction over the place of
residence of the petitioner: Provided, however, That if a family court exists in the place of residence
of the petitioner, the application shall be filed with that court.

SECTION 11. How to Apply for a Protection Order. – The application for a protection order must be
in writing, signed and verified under oath by the applicant. It may be filed as an independent action
or as incidental relief in any civil or criminal case the subject matter or issues thereof partakes of a
violence as described in this Act. A standard protection order application form, written in English with
translation to the major local languages, shall be made available to facilitate applications for
protections order, and shall contain, among other, the following information:

(a) names and addresses of petitioner and respondent;

(b) description of relationships between petitioner and respondent;

(c) a statement of the circumstances of the abuse;

(d) description of the reliefs requested by petitioner as specified in Section 8 herein;

(e) request for counsel and reasons for such;

(f) request for waiver of application fees until hearing; and

(g) an attestation that there is no pending application for a protection order in another court.
If the applicants is not the victim, the application must be accompanied by an affidavit of the
applicant attesting to (a) the circumstances of the abuse suffered by the victim and (b) the
circumstances of consent given by the victim for the filling of the application. When disclosure of the
address of the victim will pose danger to her life, it shall be so stated in the application. In such a
case, the applicant shall attest that the victim is residing in the municipality or city over which court
has territorial jurisdiction, and shall provide a mailing address for purpose of service processing.

An application for protection order filed with a court shall be considered an application for both a
TPO and PPO.

Barangay officials and court personnel shall assist applicants in the preparation of the application.
Law enforcement agents shall also extend assistance in the application for protection orders in
cases brought to their attention.

SECTION 12. Enforceability of Protection Orders. – All TPOs and PPOs issued under this Act shall
be enforceable anywhere in the Philippines and a violation thereof shall be punishable with a fine
ranging from Five Thousand Pesos (P5,000.00) to Fifty Thousand Pesos (P50,000.00) and/or
imprisonment of six (6) months.

SECTION 13. Legal Representation of Petitioners for Protection Order. – If the woman or her child
requests in the applications for a protection order for the appointment of counsel because of lack of
economic means to hire a counsel de parte, the court shall immediately direct the Public Attorney's
Office (PAO) to represent the petitioner in the hearing on the application. If the PAO determines that
the applicant can afford to hire the services of a counsel de parte, it shall facilitate the legal
representation of the petitioner by a counsel de parte. The lack of access to family or conjugal
resources by the applicant, such as when the same are controlled by the perpetrator, shall qualify
the petitioner to legal representation by the PAO.

However, a private counsel offering free legal service is not barred from representing the petitioner.

SECTION 14. Barangay Protection Orders (BPOs); Who May Issue and How. - Barangay Protection
Orders (BPOs) refer to the protection order issued by the Punong Barangay ordering the perpetrator
to desist from committing acts under Section 5 (a) and (b) of this Act. A Punong Barangay who
receives applications for a BPO shall issue the protection order to the applicant on the date of filing
after ex parte determination of the basis of the application. If the Punong Barangay is unavailable to
act on the application for a BPO, the application shall be acted upon by any available Barangay
Kagawad. If the BPO is issued by a Barangay Kagawad the order must be accompanied by an
attestation by the Barangay Kagawad that the Punong Barangay was unavailable at the time for the
issuance of the BPO. BPOs shall be effective for fifteen (15) days. Immediately after the issuance of
an ex parte BPO, the Punong Barangay or Barangay Kagawad shall personally serve a copy of the
same on the respondent, or direct any barangay official to effect is personal service.

The parties may be accompanied by a non-lawyer advocate in any proceeding before the Punong
Barangay.

SECTION 15. Temporary Protection Orders. – Temporary Protection Orders (TPOs) refers to the
protection order issued by the court on the date of filing of the application after ex
parte determination that such order should be issued. A court may grant in a TPO any, some or all of
the reliefs mentioned in this Act and shall be effective for thirty (30) days. The court shall schedule a
hearing on the issuance of a PPO prior to or on the date of the expiration of the TPO. The court shall
order the immediate personal service of the TPO on the respondent by the court sheriff who may
obtain the assistance of law enforcement agents for the service. The TPO shall include notice of the
date of the hearing on the merits of the issuance of a PPO.

SECTION 16. Permanent Protection Orders. – Permanent Protection Order (PPO) refers to

protection order issued by the court after notice and hearing.

Respondents non-appearance despite proper notice, or his lack of a lawyer, or the non-availability of
his lawyer shall not be a ground for rescheduling or postponing the hearing on the merits of the
issuance of a PPO. If the respondents appears without counsel on the date of the hearing on the
PPO, the court shall appoint a lawyer for the respondent and immediately proceed with the hearing.
In case the respondent fails to appear despite proper notice, the court shall allow ex parte
presentation of the evidence by the applicant and render judgment on the basis of the evidence
presented. The court shall allow the introduction of any history of abusive conduct of a respondent
even if the same was not directed against the applicant or the person for whom the applicant is
made.

The court shall, to the extent possible, conduct the hearing on the merits of the issuance of a PPO in
one (1) day. Where the court is unable to conduct the hearing within one (1) day and the TPO issued
is due to expire, the court shall continuously extend or renew the TPO for a period of thirty (30) days
at each particular time until final judgment is issued. The extended or renewed TPO may be modified
by the court as may be necessary or applicable to address the needs of the applicant.

The court may grant any, some or all of the reliefs specified in Section 8 hereof in a PPO. A PPO
shall be effective until revoked by a court upon application of the person in whose favor the order
was issued. The court shall ensure immediate personal service of the PPO on respondent.

The court shall not deny the issuance of protection order on the basis of the lapse of time between
the act of violence and the filing of the application.

Regardless of the conviction or acquittal of the respondent, the Court must determine whether or not
the PPO shall become final. Even in a dismissal, a PPO shall be granted as long as there is no clear
showing that the act from which the order might arise did not exist.

SECTION 17. Notice of Sanction in Protection Orders. – The following statement must be printed in
bold-faced type or in capital letters on the protection order issued by the Punong Barangay or court:

"VIOLATION OF THIS ORDER IS PUNISHABLE BY LAW."

SECTION 18. Mandatory Period For Acting on Applications For Protection Orders – Failure to act on
an application for a protection order within the reglementary period specified in the previous section
without justifiable cause shall render the official or judge administratively liable.

SECTION 19. Legal Separation Cases. – In cases of legal separation, where violence as specified in
this Act is alleged, Article 58 of the Family Code shall not apply. The court shall proceed on the main
case and other incidents of the case as soon as possible. The hearing on any application for a
protection order filed by the petitioner must be conducted within the mandatory period specified in
this Act.

SECTION 20. Priority of Application for a Protection Order. – Ex parte and adversarial hearings to
determine the basis of applications for a protection order under this Act shall have priority over all
other proceedings. Barangay officials and the courts shall schedule and conduct hearings on
applications for a protection order under this Act above all other business and, if necessary, suspend
other proceedings in order to hear applications for a protection order.

SECTION 21. Violation of Protection Orders. – A complaint for a violation of a BPO issued under this
Act must be filed directly with any municipal trial court, metropolitan trial court, or municipal circuit
trial court that has territorial jurisdiction over the barangay that issued the BPO. Violation of a BPO
shall be punishable by imprisonment of thirty (30) days without prejudice to any other criminal or civil
action that the offended party may file for any of the acts committed.

A judgement of violation of a BPO ma be appealed according to the Rules of Court. During trial and
upon judgment, the trial court may motu proprio issue a protection order as it deems necessary
without need of an application.

Violation of any provision of a TPO or PPO issued under this Act shall constitute contempt of court
punishable under Rule 71 of the Rules of Court, without prejudice to any other criminal or civil action
that the offended party may file for any of the acts committed.

SECTION 22. Applicability of Protection Orders to Criminal Cases. – The foregoing provisions on

protection orders shall be applicable in impliedly instituted with the criminal actions involving violence
against women and their children.

SECTION 23. Bond to Keep the Peace. – The Court may order any person against whom a
protection order is issued to give a bond to keep the peace, to present two sufficient sureties who
shall undertake that such person will not commit the violence sought to be prevented.

Should the respondent fail to give the bond as required, he shall be detained for a period which shall
in no case exceed six (6) months, if he shall have been prosecuted for acts punishable under
Section 5(a) to 5(f) and not exceeding thirty (30) days, if for acts punishable under Section 5(g) to
5(I).

The protection orders referred to in this section are the TPOs and the PPOs issued only by the
courts.

SECTION 24. Prescriptive Period. – Acts falling under Sections 5(a) to 5(f) shall prescribe in twenty
(20) years. Acts falling under Sections 5(g) to 5(I) shall prescribe in ten (10) years.

SECTION 25. Public Crime. – Violence against women and their children shall be considered a
public offense which may be prosecuted upon the filing of a complaint by any citizen having personal
knowledge of the circumstances involving the commission of the crime.

SECTION 26. Battered Woman Syndrome as a Defense. – Victim-survivors who are found by the
courts to be suffering from battered woman syndrome do not incur any criminal and civil liability
notwithstanding the absence of any of the elements for justifying circumstances of self-defense
under the Revised Penal Code.

In the determination of the state of mind of the woman who was suffering from battered woman
syndrome at the time of the commission of the crime, the courts shall be assisted by expert
psychiatrists/ psychologists.

SECTION 27. Prohibited Defense. – Being under the influence of alcohol, any illicit drug, or any
other mind-altering substance shall not be a defense under this Act.
SECTION 28. Custody of children. – The woman victim of violence shall be entitled to the custody
and support of her child/children. Children below seven (7) years old older but with mental or
physical disabilities shall automatically be given to the mother, with right to support, unless the court
finds compelling reasons to order otherwise.

A victim who is suffering from battered woman syndrome shall not be disqualified from having
custody of her children. In no case shall custody of minor children be given to the perpetrator of a
woman who is suffering from Battered woman syndrome.

SECTION 29. Duties of Prosecutors/Court Personnel. – Prosecutors and court personnel should

observe the following duties when dealing with victims under this Act:

a) communicate with the victim in a language understood by the woman or her child; and

b) inform the victim of her/his rights including legal remedies available and procedure, and
privileges for indigent litigants.

SECTION 30. Duties of Barangay Officials and Law Enforcers. – Barangay officials and law
enforcers shall have the following duties:

(a) respond immediately to a call for help or request for assistance or protection of the victim
by entering the necessary whether or not a protection order has been issued and ensure the
safety of the victim/s;

(b) confiscate any deadly weapon in the possession of the perpetrator or within plain view;

(c) transport or escort the victim/s to a safe place of their choice or to a clinic or hospital;

(d) assist the victim in removing personal belongs from the house;

(e) assist the barangay officials and other government officers and employees who respond
to a call for help;

(f) ensure the enforcement of the Protection Orders issued by the Punong Barangy or the
courts;

(g) arrest the suspected perpetrator wiithout a warrant when any of the acts of violence
defined by this Act is occurring, or when he/she has personal knowledge that any act of
abuse has just been committed, and there is imminent danger to the life or limb of the victim
as defined in this Act; and

(h) immediately report the call for assessment or assistance of the DSWD, social Welfare
Department of LGUs or accredited non-government organizations (NGOs).

Any barangay official or law enforcer who fails to report the incident shall be liable for a fine not
exceeding Ten Thousand Pesos (P10,000.00) or whenever applicable criminal, civil or administrative
liability.

SECTION 31. Healthcare Provider Response to Abuse – Any healthcare provider, including, but not
limited to, an attending physician, nurse, clinician, barangay health worker, therapist or counselor
who suspects abuse or has been informed by the victim of violence shall:
 (a) properly document any of the victim's physical, emotional or psychological injuries;

(b) properly record any of victim's suspicions, observations and circumstances of the
examination or visit;

(c) automatically provide the victim free of charge a medical certificate concerning the
examination or visit;

(d) safeguard the records and make them available to the victim upon request at actual cost;
and

(e) provide the victim immediate and adequate notice of rights and remedies provided under
this Act, and services available to them.

SECTION 32. Duties of Other Government Agencies and LGUs – Other government agencies and
LGUs shall establish programs such as, but not limited to, education and information campaign and
seminars or symposia on the nature, causes, incidence and consequences of such violence
particularly towards educating the public on its social impacts.

It shall be the duty of the concerned government agencies and LGU's to ensure the sustained
education and training of their officers and personnel on the prevention of violence against women
and their children under the Act.

SECTION 33. Prohibited Acts. – A Punong Barangay, Barangay Kagawad or the court hearing an
application for a protection order shall not order, direct, force or in any way unduly influence he
applicant for a protection order to compromise or abandon any of the reliefs sought in the application
for protection under this Act. Section 7 of the Family Courts Act of 1997 and Sections 410, 411, 412
and 413 of the Local Government Code of 1991 shall not apply in proceedings where relief is sought
under this Act.

Failure to comply with this Section shall render the official or judge administratively liable.

SECTION 34. Persons Intervening Exempt from Liability. – In every case of violence against women
and their children as herein defined, any person, private individual or police authority or barangay
official who, acting in accordance with law, responds or intervenes without using violence or restraint
greater than necessary to ensure the safety of the victim, shall not be liable for any criminal, civil or
administrative liability resulting therefrom.

SECTION 35. Rights of Victims. – In addition to their rights under existing laws, victims of violence
against women and their children shall have the following rights:

(a) to be treated with respect and dignity;

(b) to avail of legal assistance form the PAO of the Department of Justice (DOJ) or any
public legal assistance office;

(c) To be entitled to support services form the DSWD and LGUs'

(d) To be entitled to all legal remedies and support as provided for under the Family Code;
and
 (e) To be informed of their rights and the services available to them including their right to
apply for a protection order.

SECTION 36. Damages. – Any victim of violence under this Act shall be entitled to actual,
compensatory, moral and exemplary damages.

SECTION 37. Hold Departure Order. – The court shall expedite the process of issuance of a hold
departure order in cases prosecuted under this Act.

SECTION 38. Exemption from Payment of Docket Fee and Other Expenses. – If the victim is an
indigent or there is an immediate necessity due to imminent danger or threat of danger to act on an
application for a protection order, the court shall accept the application without payment of the filing
fee and other fees and of transcript of stenographic notes.

SECTION 39. Inter-Agency Council on Violence Against Women and Their Children (IAC-VAWC). In
pursuance of the abovementioned policy, there is hereby established an Inter-Agency Council on
Violence Against Women and their children, hereinafter known as the Council, which shall be
composed of the following agencies:

(a) Department of Social Welfare and Development (DSWD);

(b) National Commission on the Role of Filipino Women (NCRFW);

(c) Civil Service Commission (CSC);

(d) Commission on Human rights (CHR)

(e) Council for the Welfare of Children (CWC);

(f) Department of Justice (DOJ);

(g) Department of the Interior and Local Government (DILG);

(h) Philippine National Police (PNP);

(i) Department of Health (DOH);

(j) Department of Education (DepEd);

(k) Department of Labor and Employment (DOLE); and

(l) National Bureau of Investigation (NBI).

These agencies are tasked to formulate programs and projects to eliminate VAW based on their
mandates as well as develop capability programs for their employees to become more sensitive to
the needs of their clients. The Council will also serve as the monitoring body as regards to VAW
initiatives.

The Council members may designate their duly authorized representative who shall have a rank not
lower than an assistant secretary or its equivalent. These representatives shall attend Council
meetings in their behalf, and shall receive emoluments as may be determined by the Council in
accordance with existing budget and accounting rules and regulations.

SECTION 40. Mandatory Programs and Services for Victims. – The DSWD, and LGU's shall provide
the victims temporary shelters, provide counseling, psycho-social services and /or, recovery,
rehabilitation programs and livelihood assistance.

The DOH shall provide medical assistance to victims.

SECTION 41. Counseling and Treatment of Offenders. – The DSWD shall provide rehabilitative
counseling and treatment to perpetrators towards learning constructive ways of coping with anger
and emotional outbursts and reforming their ways. When necessary, the offender shall be ordered
by the Court to submit to psychiatric treatment or confinement.

SECTION 42. Training of Persons Involved in Responding to Violence Against Women and their
Children Cases. – All agencies involved in responding to violence against women and their children
cases shall be required to undergo education and training to acquaint them with:

a. the nature, extend and causes of violence against women and their children;

b. the legal rights of, and remedies available to, victims of violence against women and their
children;

c. the services and facilities available to victims or survivors;

d. the legal duties imposed on police officers to make arrest and to offer protection and
assistance; and

e. techniques for handling incidents of violence against women and their children that
minimize the likelihood of injury to the officer and promote the safety of the victim or survivor.

The PNP, in coordination with LGU's shall establish an education and training program for police
officers and barangay officials to enable them to properly handle cases of violence against women
and their children.

SECTION 43. Entitled to Leave. – Victims under this Act shall be entitled to take a paid leave of
absence up to ten (10) days in addition to other paid leaves under the Labor Code and Civil Service
Rules and Regulations, extendible when the necessity arises as specified in the protection order.

Any employer who shall prejudice the right of the person under this section shall be penalized in
accordance with the provisions of the Labor Code and Civil Service Rules and Regulations.
Likewise, an employer who shall prejudice any person for assisting a co-employee who is a victim
under this Act shall likewise be liable for discrimination.

SECTION 44. Confidentiality. – All records pertaining to cases of violence against women and their
children including those in the barangay shall be confidential and all public officers and employees
and public or private clinics to hospitals shall respect the right to privacy of the victim. Whoever
publishes or causes to be published, in any format, the name, address, telephone number, school,
business address, employer, or other identifying information of a victim or an immediate family
member, without the latter's consent, shall be liable to the contempt power of the court.
Any person who violates this provision shall suffer the penalty of one (1) year imprisonment and a
fine of not more than Five Hundred Thousand pesos (P500,000.00).

SECTION 45. Funding – The amount necessary to implement the provisions of this Act shall be
included in the annual General Appropriations Act (GAA).

The Gender and Development (GAD) Budget of the mandated agencies and LGU's shall be used to
implement services for victim of violence against women and their children.

SECTION 46. Implementing Rules and Regulations. – Within six (6) months from the approval of this
Act, the DOJ, the NCRFW, the DSWD, the DILG, the DOH, and the PNP, and three (3)
representatives from NGOs to be identified by the NCRFW, shall promulgate the Implementing
Rules and Regulations (IRR) of this Act.

SECTION 47. Suppletory Application – For purposes of this Act, the Revised Penal Code and other
applicable laws, shall have suppletory application.

SECTION 48. Separability Clause. – If any section or provision of this Act is held unconstitutional or
invalid, the other sections or provisions shall not be affected.

SECTION 49. Repealing Clause – All laws, Presidential decrees, executive orders and rules and
regulations, or parts thereof, inconsistent with the provisions of this Act are hereby repealed or
modified accordingly.

SECTION 50. Effectivity – This Act shall take effect fifteen (15) days from the date of its complete
publication in at least two (2) newspapers of general circulation

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.

Approved