QuestionsQuestions (IRR Republic Act No. 11767)
The IRR state that the State guarantees human rights and protects a child’s best interests, including children with vulnerabilities (neglected, stateless, abandoned). It mandates proactive search into facts of birth and parentage, reduces/prevents statelessness, and ensures assistance and special protection. It also sets objectives: (1) recognize foundlings as presumed natural-born citizens, (2) streamline issuance of a Certificate of Live Birth (COLB), and (3) define roles of NACC, Safe Haven providers, LGUs, and PSA.
A foundling is a deserted/abandoned child/infant/person with unknown facts of birth and parentage, including those registered during infancy/childhood who reached majority without adoption. The Act covers only foundlings discovered within Philippine embassies/consulates, offices, and territories abroad.
Safe Haven includes: (a) licensed child-caring agency; (b) licensed child-placing agency; (c) a church (regular religious worship place); (d) DOH-accredited health facilities; (e) LSWDO; and (f) DSWD- or LGU-managed residential care facilities.
Infants relinquished under safe haven are considered foundlings, provided that facts of birth and parentage could not be ascertained.
A Safe Haven provider must: provide appropriate care and act as temporary custodian; inform the parent they may but are not required to answer identity/medical history questions; confirm if practicable the parent permanently relinquishes parental rights and releases the infant for adoption; and within 48 hours inform NACC through RACCO that a child has been relinquished, including relevant identity and abandonment circumstances (using the fastest means possible plus a written report).
Finder is a person of legal age who discovered a deserted/abandoned child. If the finder is a minor, the minor’s parent or legal guardian assists in making the report. If the infant/child is relinquished to a safe haven provider, the head of the safe haven provider is the finder.
The finder must immediately report within 48 hours the discovery of the foundling to LSWDO, Punong Barangay or police station, or the safe haven provider where found. If found in another barangay from the finder’s residence, both barangays or police stations must be informed. The finder must execute an affidavit attesting to the facts, and cooperate in the proactive and diligent search/inquiry to establish identity of biological parent(s)/legal guardian(s)/relative(s).
Barangay officials: take custody until referral, search/inquire within 24 hours, report and refer to LSWDO (LSWDO submits initial report to NACC via RACCO within 48 hours), follow up on affidavit, issue blotter, and file quarterly reports. COMPAC/Police: search/inquire within 24 hours; refer to LSWDO for submission to NACC within 48 hours; assist search/inquiry; issue blotter; issue a certification of discovery circumstances and results; and file quarterly reports. LSWDO: within 24 hours from receipt, submit initial report to NACC; coordinate care/services; within 15 working days prepare a comprehensive/exhaustive report including efforts using media to locate parents; and file quarterly reports to NACC.
After relinquishment/reporting, LSWDO and/or agencies prepare a comprehensive and exhaustive case/facts report describing how/where found, identity of finder, and proactive efforts to locate biological parents using media/social media. The NACC’s subsequent official report attests birth/parentage remain unknown despite proactive search; this NACC report is used for the COLB application and issuance.
They include: (a) certification from TV/radio or proof of publication in newspapers of general circulation/tri-media that the case aired on three different occasions; (b) proof of search through the official social media accounts of the concerned LGU and safe haven twice in two consecutive weeks; and (c) for foundlings abroad, a certification from the finder or head of Philippine embassy/consulate/office that parents were not found despite diligent search.
Registration is with the LCR after submission of requirements. The NACC must submit a duly signed report to the LCR (for infants/children) and the foundling’s affidavit/certifications are needed. For adult foundlings, LSWDO case study report is required. The NACC report is crucial because it supports the COLB application.
The NACC (through RACCO/social worker/safe haven provider) fills out and submits the application for registration to the LCR. After receipt of requirements, the LCR issues the COLB based on an initial draft prepared by the registrant, prepares multiple copies, registers it in the Registry of Book of Foundlings, and transmits copies to PSA-OCRG for verification and database upload/feedback. The process must be streamlined for expedited issuance regardless of age/circumstances, without unnecessary burdens, and with privacy and best interests protected; also, the foundling has the right to access documentary requirements submitted.
A foundling found in the Philippines or Philippine embassies/consulates is presumed a natural-born Filipino citizen regardless of status/circumstances of birth. The presumption may not be impugned in any proceeding unless substantial proof shows foreign parentage and that foreign citizenship can be transmitted to the foundling. The presumption is not affected by simulated birth certificate, legal adoption, or inaction/delay in reporting/documenting/registration.
A petition may be filed only by biological parent(s)/legal guardian to RACCO within three months from relinquishment or knowledge of relinquishment. Requirements include genetic test result (from a government laboratory; cost shouldered by biological parent(s)), parenting capability assessment report signed by LSWDO, notarized petition, and/or court decision of legal guardianship if petition is filed by legal guardian. RACCO must investigate within 15 working days and transmit recommendation to NACC Executive Director; NACC social worker reviews and endorses within 10 working days; NACC Executive Director approves and endorses to DSWD Secretary within 10 working days (and during transition, approval is deemed by inaction after 1 calendar day; after transition, signed by NACC Executive Director).
Refusal/delay/obstruction: imprisonment of not less than 6 months but not more than 5 years for listed persons (finder, NACC/RACCO employees, child-caring/child-placing staff, safe haven providers, police officers, LGU/barangay officers, health employees/hospital staff, and others). Failure to report within 48 hours: fine of ₱500,000 to ₱1,000,000 against a safe haven provider.