Reporting of Abandoned Children in Institutions
- Hospitals, clinics, licensed child-caring or placement agencies must report to the Department any child left without valid reason for more than 7 days and not provided for.
Reporting of Children Left with Private Individuals
- Private individuals with custody of a child left by a parent for more than 7 days without care or support must report to the Department.
Presumption of Child Abandonment
- Intent to abandon presumed if:
- Parent fails to provide care/support for 6 continuous months without valid cause (except financial or uncontrollable reasons).
- Failure to report child's disappearance to authorities within 72 hours.
Department’s Action on Reports of Abandoned Children
- Upon confirmation, the Department shall:
- Take custody or arrange transfer to accredited agencies.
- File petition for involuntary commitment of child.
- File criminal complaint against abandoning parent.
Prohibited Acts Regarding Custody Transfer
- Unlawful to deliver abandoned child to institutions or individuals without consent of:
- Parent or person who entrusted the child.
- In absence, consent of the Department.
- Penalties: Arresto mayor and fine up to P500, plus possible separate charges under Article 210 of the Code.
Criminal Liability for Abandonment
- Parents who abandon child under 7 years for 6 months face:
- Arresto mayor and fine up to P500.
- If child dies: prison correccional medium to maximum period.
- If child endangered: prison correccional minimum to medium period.
Regulations on Unaccompanied Foreign Travel of Children
- Children cannot travel abroad unaccompanied without:
- Department-issued travel clearance.
- Written, sworn consent by both parents or legal guardians.
Application Procedures for Travel Clearance
- Application filed with Department using prescribed form.
- Signed under oath by both natural/adoptive parents or legal guardian.
Parental Travel Permit Requirements
- Written, sworn permission by both parents or legal guardians for child’s unaccompanied foreign travel.
- If accompanied by one parent, consent of the other parent is required.
Required Information in Travel Applications
- Must include:
- Exact address in destination country.
- Departure date.
- Purpose and duration of travel.
- Welfare arrangements at destination.
Supporting Documents for Travel Clearance and Permits
- Must include certified true copies of:
- Child’s passport and visa.
- Birth certificate and parents’ marriage certificate or proof of filiation/adoption/guardianship.
- Proof child won’t be a public charge abroad.
Department Review and Actions on Parental Travel Permits
- Permit copies filed with Department 7 working days prior to travel.
- Department may investigate; if travel is harmful, it can request immigration hold departure and notify parents.
Immigration Control on Child’s Departure
- Bureau of Immigration to allow departure only upon presentation of Department travel clearance or parental permit.
- Department representatives to assist immigration personnel as needed.
Liability for Attempted Child Trafficking
- Liable parties include:
- Parents or persons arranging travel.
- Pregnant mothers consenting to adoption for consideration.
- Heads of agencies recruiting women to bear children or couples to procreate.
- Medical and public officers cooperating in simulated births for trafficking.
- Persons or agencies locating children from low-income or institutional sources for placement or adoption.
Presumption of Trafficking
- Having custody of two or more children without legal basis or license as foster parent or placement agency presumes trafficking.
Criminal Liability of Juridical Persons
- Penalties imposed on responsible officers or employees who committed or participated in offenses.
Date of Effectivity
- Rules take effect upon Secretary of Justice approval and 15 days after publication in two newspapers.
Adopted: January 24, 1994
Signed by Secretary of Justice and Secretary of Social Welfare and Development.