Question & AnswerQ&A (Act No. 3094)
Any public institution or any benevolent or charitable society incorporated under Philippine law and authorized by the Secretary of the Interior through the Public Welfare Commissioner, which has as its object the care, aid, and placing out for adoption of such children, provided their teachings are not contrary to Christian principles of morality.
The father and mother, or the legally entitled guardian, of the child must surrender the child in writing. If the father is dead, legally incapacitated, or has abandoned the child for two years or more, the mother alone may surrender the child; similarly, if the mother is dead, incapacitated, or has abandoned the child for two years or more, the father alone may surrender the child.
The rights of the natural parents, guardian, or custodian cease, and the institution or society gains legal custody and control during the child's minority, including authority to care, educate, train, place temporarily or for adoption, and consent to the child's adoption for the child's welfare.
No. It is unlawful for the child to leave without reasonable cause or for any person to induce or attempt to induce the child to leave. Violation may result in imprisonment for up to one year, a fine of up to two thousand pesos, or both. Foreign violators may also face deportation.
The penalty is imprisonment for not more than one year, a fine not exceeding two thousand pesos, or both, at the court's discretion. Foreigners may also be subject to deportation upon recommendation.
When the parents are dead, absent for a long time, legally or physically disabled, abandon the child, cannot support it due to vagrancy, negligence, misconduct, or refuse support, unlawfully beat or habitually maltreat the child, cause it to beg, or engage in criminal offenses, upon petition by a reputable resident or benevolent association, the court may take the child for its welfare.
A reputable resident of the province or any benevolent or charitable association in the province may file the petition with the Court of First Instance.
The institutions are subject to the general supervision of the Public Welfare Commissioner and must comply with rules and regulations approved by the Secretary of the Interior. The Secretary may require periodic reports on the conditions of children under their care.
No, the Act explicitly states that no bond shall be required in such cases.
The Act took effect upon its approval on March 16, 1923.