QuestionsQuestions (Republic Act No. 9523)
The State’s policy is to provide alternative protection and assistance in the most expeditious manner in the interest of the child’s full emotional and social development.
It is a child for whom DSWD issued a certification that the child is legally available for adoption after abandonment or neglect has been proven through documents, or one who was voluntarily committed by parent(s) or legal guardian.
The petition (affidavit) must be supported by: (1) a Social Case Study Report; (2) proof that efforts were made to locate the parents or known relatives (with the specific acceptable forms listed); and (3) birth certificate if available, plus recent and abandonment/admission photographs.
In the regional office of the DSWD where the child was found or abandoned.
If the petition is sufficient, the Regional Director authorizes posting of the notice of the petition in a conspicuous place in the locality where the child was found for five (5) consecutive days.
The Regional Director must render a recommendation not later than five (5) working days after completion of the posting, and must transmit a copy of the recommendation and records to the Office of the Secretary within forty-eight (48) hours from the recommendation date.
The certification by itself is the sole basis for the immediate issuance of the foundling certificate by the local civil registrar.
It must be transmitted within seven (7) working days to the National Statistics Office (NSO).
The decision is appealable to the Court of Appeals within five (5) days from receipt of the decision; otherwise it becomes final and executory.
For involuntarily committed children, certification must be issued within three (3) months following involuntary commitment. For voluntarily committed children, within three (3) months following filing of the Deed of Voluntary Commitment signed by the parent(s) with the DSWD.
They may file a petition with the DSWD to recover custody/authority when shown to DSWD’s satisfaction that they can adequately provide for the child’s needs; the petition must be filed within three (3) months after signing the Deed of Voluntary Commitment.
A penalty of ₱100,000.00 to ₱200,000.00, and the violating agency/institution may have its license to operate revoked, without prejudice to criminal prosecution of officers and employees.
If any provision is held invalid or unconstitutional, the remaining provisions not affected remain valid and subsisting.