Question & AnswerQ&A (Republic Act No. 9523)
The main policy is that the State shall provide alternative protection and assistance to every abandoned, surrendered, or neglected child, ensuring expeditious assistance for their full emotional and social development.
A child is defined as 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 or protect himself/herself due to physical or mental disability or condition.
An abandoned child is one who has no proper parental care or guardianship or whose parents have deserted him/her for at least three continuous months, including foundlings.
Neglect can be physical (malnourished, ill-clad, no proper shelter, or left unattended without supervision or provisions) or emotional (maltreatment, exploitation, exposure to moral dangers like gambling, prostitution, or vices) if basic needs are deliberately unattended for three continuous months.
The petition must be supported by a Social Case Study Report by DSWD or accredited agencies, proof of efforts to locate the parents or relatives (such as radio/TV certification, newspaper publication, police or barangay certification, tracing report, returned registered mail), birth certificate if available, and recent and admission photographs of the child.
The petition must be filed at the regional office of the DSWD where the child was found or abandoned.
The Regional Director examines the petition and authorizes posting the notice for 5 consecutive days. A recommendation is made within 5 working days after posting, which is transmitted to the DSWD Secretary, who then issues the certification within 7 working days if merit is found.
The certification is administrative in nature and serves as the primary evidence that the child is legally available for adoption in both domestic and inter-country adoption proceedings.
A fine between One hundred thousand pesos (P100,000.00) to Two hundred thousand pesos (P200,000.00) is imposed, along with possible revocation of license for agencies and criminal prosecution of officers/employees. Government officials/employees may face administrative, civil, or criminal sanctions including suspension or dismissal.
The decision of the Secretary can be appealed to the Court of Appeals within five (5) days from receipt by the petitioner; otherwise, the decision becomes final and executory.
A voluntarily committed child is one whose parents or guardian knowingly relinquished parental authority to DSWD or accredited agencies. Parents/guardians may petition for restoration of custody within 3 months of voluntary commitment if they can adequately provide for the child's needs.