QuestionsQuestions (Republic Act No. 9523)
RA 9523 declares that alternative protection and assistance shall be afforded to every abandoned, surrendered, or neglected child in the most expeditious manner, in the interest of the child’s full emotional and social development.
It refers to a child in whose favor the DSWD has issued a certification after abandonment or neglect has been proven through the required documents, or one who was voluntarily committed by parents/legal guardian.
Abandoned Child: no proper parental care/guardianship, or parents deserted the child for at least three continuous months, including a foundling. Neglected Child: basic needs deliberately unattended or inadequately attended for at least three continuous months, which may be physical neglect or emotional neglect as defined in RA 9523.
The petition must be in the form of an affidavit subscribed and sworn to before an authorized person, containing facts necessary to establish the merits of the petition and stating the circumstances of abandonment or neglect.
1) Social Case Study Report (SCSR); 2) proof of efforts to locate biological parents/known relatives (as specified by the law); 3) birth certificate if available; and 4) recent photograph of the child and photograph of the child upon abandonment/admission to the agency.
The law considers sufficient: certification from TV/radio airing the case on three occasions; publication in one newspaper of general circulation; police report or barangay certification, or certified copy of a PNRC tracing report stating due diligence but parents not found; and returned registered mail to last known address.
It shall be filed in the DSWD regional office where the child was found or abandoned. The Regional Director examines the petition and supporting documents; if sufficient, authorizes posting of the notice in a conspicuous place for five consecutive days in the locality where the child was found.
The Regional Director acts and renders a recommendation not later than five working days after completion of the posting, and transmits a copy of the recommendation and records to the Office of the Secretary within 48 hours from the date of recommendation.
The certification, by itself, is the sole basis for the immediate issuance by the local civil registrar of a foundling certificate, and within seven working days the local civil registrar transmits the founding certificate to the National Statistics Office (NSO).
Yes. It may be appealed to the Court of Appeals within five days from receipt of the decision by the petitioner; otherwise, it becomes final and executory.
Involuntarily committed: certification issued within three months following involuntary commitment. Voluntarily committed: certification issued within three months following filing of the Deed of Voluntary Commitment signed by parents with the DSWD.
Yes. On petition filed with the DSWD, parents/legal guardian may recover legal custody and parental authority if DSWD is satisfied they can adequately provide for the child. The restoration petition must be filed within three months after signing of the Deed of Voluntary Commitment.
RA 9523 states the certification is issued in lieu of a judicial order, making the process administrative. The certification is the primary evidence that the child is legally available in domestic adoption and inter-country adoption proceedings.
A penalty of P100,000 to P200,000 is imposed on any person/institution/agency that places a child for adoption without the required certification. If an agency/institution violates the Act, its license to operate shall be revoked, without prejudice to criminal prosecution of its officers and employees.