Unlocking the Foundling Recognition and Protection Act of 2024

I. Recognizing the Rights of Foundlings and Filling the Void under Philippine Law through Foundling Recognition and Protection Act

The Foundling Recognition and Protection Act lays to rest the query about the legal status and nationality of a foundling. Previous to this law, there was an utter void on this issue. Even under the precepts of international law, there was neither custom nor treaty which would fill in this gap, and provide a determination of the specific nationality or citizenship of a founding. This gap is certainly no more.

Republic Act No. 11767 also known as the Foundling Recognition and Protection Act, legislates into the void this issue of statelessness of foundlings. With fundamental human rights and the best interests of the child as its basis, and the Constitution, the United Nations Convention on the Rights of the Child, Hague Convention on Certain Questions Relating to Conflict, Convention on the Reduction of Statelessness and other relevant instruments, and the generally accepted principles of international law as among its premises, the Founding Recognition Act ensures that a child with no known parents will be afforded a natural-born citizen status.

Hence, echoed in the Implementing Rules and Regulations of the law is the general objective of the landmark legislation, which is to recognize foundlings as presumed natural-born citizens, to provide a streamlined process to expedite the issuance of a Certificate of Live Birth (COLB) or birth certificate, and to assign roles to various government agencies in the care and registration of foundlings.

II. The Foundling and the Finder under the Foundling Recognition and Protection Act

The Foundling

The law defines a “foundling” as one who is a deserted or abandoned child or infant or person with unknown facts of birth and parentage. The law, by simple definition, defines a foundling as a person with no known parents. The law also includes those who were registered as a foundling but have reached the age of majority without benefiting from adoption procedures upon the passage of the law. Foundlings are often the children left behind by their parents in public places such as doorsteps, hospitals, or churches. However, the definition provided in the law also includes cases where parents are unable or unwilling to care for their child, and thus abandons them.

The law also mentions “safe haven providers”, which are entities where any parent may relinquish or entrust an infant, without criminal liability under Articles 276 to 277 of the Revised Penal Code, and the provisions of Republic Act 7610, provided that such relinquish/entrustment did not result in gross negligence or death of the infant.

Exemption from Criminal Liability

 It is important to note that the Revised Penal Code punishes the abandonment of a minor with imprisonment under the following provisions:

Article 276. Abandoning a minor. – The penalty of arresto mayor and a fine not exceeding 500 pesos shall be imposed upon any one who shall abandon a child under seven years of age, the custody of which is incumbent upon him.

When the death of the minor shall result from such abandonment, the culprit shall be punished by prision correccional in its medium and maximum periods; but if the life of the minor shall have been in danger only, the penalty shall be prision correccional in its minimum and medium periods.

The provisions contained in the two preceding paragraphs shall not prevent the imposition of the penalty provided for the act committed, when the same shall constitute a more serious offense.

Article 277. Abandonment of minor by person entrusted with his custody; indifference of parents. – The penalty of arresto mayor and a fine not exceeding 500 pesos shall be imposed upon anyone who, having charge of the rearing or education of a minor, shall deliver said minor to a public institution or other persons, without the consent of the one who entrusted such child to his care or in the absence of the latter, without the consent of the proper authorities.

The same penalty shall be imposed upon the parents who shall neglect their children by not giving them the education which their station in life require and financial conditions permit.

Safe Haven Providers

Excepted from these provisions and excused from criminal liability thereunder are parents who relinquish custody of their children to these safe haven providers. The Foundling Recognition and Protection Act enumerates these institutions as follows:

(a) A licensed child-caring agency;

(b) A licensed child-placing agency;

(c) A church: Provided, That, for purposes of these rules, a church and other places known/recognized shall be defined as a place devoted to religious worship held with regularity;

(d) Department of Health (DOH)-accredited health facilities, including hospitals, infirmaries, city health offices, birthing homes, rural health units, lying-in clinics and barangay health stations;

(e) A Local Social Welfare and Development Office (LSWDO); and

(f) DSWD managed residential care facilities and LGU managed residential care facilities.

The Finder

The law outlines the role of the “finder” in Section 4 of Republic Act No. 11767. A finder is defined as a person who discovers the deserted or abandoned child. If the finder is a minor, the parent or legal guardian of the finder is responsible for reporting the discovery to the proper government agencies. The finder is likewise required to report the discovery of a foundling within 48 hours to the Local Social Welfare and Development Office (LSWDO) closest to their location, or to any safe haven provider as mentioned above.

This report triggers a chain of actions that leads to the provision of care and services for the foundling, with the safe haven provider coordinating with the National Authority for Child Care, through the Regional Alternative Child Care Office, and finally, through the processing of documentation which outlines the foundling’s birth.

III. Granting a Birth Certificate to Foundlings: A Streamlined Process:

The Foundling Recognition and Protection Act outlines the procedure for granting a Certificate of Live Birth (COLB) or birth certificate to foundlings. The provisions of the law ensure that foundlings have legal identity, and are recognized as natural-born citizens. The process, detailed in Section 9 and Section 10 of Republic Act No. 11767 and further discussed in Article IV of the Implementing Rules and Regulations, involves several steps:

1. Reporting the Discovery: The finder is required to report the discovery of the foundling within 48 hours to the LSWDO or a safe haven provider. 
2. Initial Report and Referral: The LSWDO or safe haven provider, upon receiving the report, informs the NACC through the RACCO within 48 hours. 
3. Search and Inquiry: Within 15 working days of receiving the report, the NACC, through the RACCO, or the social worker at the safe haven provider, initiates a proactive and diligent search and inquiry into the facts of birth and parentage. This search may involve seeking assistance from various entities, including the finder, LGUs, LSWDOs, local health units, women and child protection desks of the PNP, DOH, hospitals, and other concerned individuals.
4. Comprehensive Case Study Report: Within 15 working days of receiving a case study report, the NACC, through the RACCO, prepares an official report confirming that the facts of birth and parentage remain unknown. This report, along with the case study report, forms the basis for the application for a birth certificate.
5. Registration and Issuance of Birth Certificate: Once the NACC report is prepared, the NACC, through the RACCO, submits the application for registration to the Local Civil Registrar (LCR). The LCR, upon receipt of the required documents, reviews and approves the birth certificate, issuing it to the foundling.

The law emphasizes the importance of streamlining the registration process for foundlings, regardless of their age or circumstances. It mandates government agencies to expedite the issuance of the birth certificate without unnecessary burdens. The birth certificate is essential for recognizing the foundling’s legal identity, ensuring they are not considered stateless.

The law also prioritizes protecting the privacy and best interests of the foundling throughout the registration process. The foundling has the right to access all the documentary requirements submitted for registration, and their identity should not be revealed in a discriminatory manner in subsequent public documents.

IV. Government Agencies and Entities Tasked to Help Foundlings under the Foundling Recognition and Protection Act

The implementation of Republic Act No. 11767 involves the coordinated efforts of various government agencies and entities:

1. National Authority for Child Care (NACC): The NACC serves as the central authority for alternative child care programs, including domestic and inter-country adoption. It plays a pivotal role in the search and inquiry process, ensuring that the facts of birth and parentage are thoroughly investigated. The NACC also manages the RACCOs and coordinates with other agencies to provide care and services to foundlings.
2. Regional Alternative Child Care Office (RACCO): The RACCOs are regional offices of the NACC, created from the Adoption Resource and Referral Units (ARRU) of the DSWD field offices. They are responsible for receiving local applications to adopt or foster, petitions for CDCLAA and adoption, and other requests regarding alternative placement and well-being of children.
3. Local Social Welfare and Development Office (LSWDO): The LSWDO serves as the frontline of the LGU in delivering social welfare and development programs and services. It plays a crucial role in the initial reporting of foundlings, preparing comprehensive case study reports, and coordinating with other agencies to provide care and services.
4. Department of Social Welfare and Development (DSWD): The DSWD plays a significant role in the implementation of the Act. It oversees the NACC, manages residential care facilities, licenses and accredits child-caring and child-placing agencies, and provides various support services to foundlings.
5. Philippine Statistics Authority (PSA): The PSA, headed by the National Statistician and Civil Registrar General, enforces the civil registration functions in the country. It verifies the authenticity, accuracy, and completeness of the birth certificate and its supporting documents, ensuring accurate recordkeeping.
6. Local Civil Registrar (LCR): The LCR is responsible for registering the birth certificate of foundlings in the Registry of Book of Foundlings Live Birth. They review and approve the birth certificate based on the initial draft prepared by the registrant, issue four copies of the birth certificate, and forward one copy to the PSA-Office of the Civil Registrar General (OCRG) for verification.
7. Department of Health (DOH): The DOH is responsible for accrediting health facilities, including hospitals, infirmaries, city health offices, birthing homes, rural health units, and barangay health stations, which are designated as safe havens for foundlings.
8. Department of Interior and Local Government (DILG): The DILG, through its local government units, plays a vital role in the initial response to the discovery of foundlings. Barangay officials are responsible for taking custody of the foundling until referral to the LSWDO, conducting a search and inquiry, issuing a blotter report, and submitting quarterly reports on foundling cases.
9. Philippine National Police (PNP): The PNP’s women and child protection desks can provide assistance to the NACC in conducting search and inquiry efforts to locate the parents of foundlings.
10. Department of Foreign Affairs (DFA): The DFA coordinates with Philippine Embassies/Consulates abroad for the return of foundlings to the Philippines, and with the NACC for referral to a registered, licensed, and accredited child-caring agency or residential care facility.
11. Council for the Welfare of Children (CWC): The CWC is a stakeholder involved in the implementation of the Act, participating in the formulation of rules and regulations and advocating for the welfare of children.
12. Association of Child Caring Agencies of the Philippines: This association represents child-caring agencies catering to abandoned children and foundlings and is involved in formulating rules and regulations for the implementation of the Act.

V. Adoption of Foundlings: A Pathway to Family and Stability:

The Foundling Recognition and Protection Act recognizes that adoption can provide a stable and loving family environment for foundlings. It outlines a comprehensive process for the adoption of foundlings, ensuring their well-being and rights are protected throughout the process:

1. Legal Availability for Adoption: If the biological parents cannot be identified and located, the foundling is declared legally available for adoption subject to existing laws, rules, and regulations. The birth certificate serves as the primary document for declaring a foundling legally available for adoption.
2. Application of Domestic Administrative Adoption Act: The relevant provisions of Republic Act No. 11642, the “Domestic Administrative Adoption and Alternative Child Care Act”, apply to the adoption of foundlings.
3. Filiation and Rights of the Adoptee: Once adoption is finalized, the adopted foundling is considered the legitimate child of the adopter for all intents and purposes. They are entitled to all the rights and obligations provided by law to legitimate children born to the adoptive parents without discrimination of any kind. The adopter has the right to choose the name by which the adopted foundling is to be known, consistent with the child’s best interest.
4. Alternative Child Care Options: While the search and inquiry into the facts of birth and parentage are ongoing, the NACC, LSWDO, and accredited child-caring or child-placing agencies ensure that foundlings are provided with alternative child care options, such as kinship care, foster care, or residential care, consistent with existing laws.

VI. Crimes and Acts Prohibited under theFoundling Recognition and Protection Act

To protect foundlings from harm and ensure their well-being, Republic Act No. 11767 outlines specific crimes and acts that are prohibited, along with the corresponding penalties and fines:

1. Falsification of Registration: Any person who falsifies or is involved in the falsification of the registration of a supposed foundling, including the required documents, faces imprisonment of not less than six months but not more than six years. If a public officer is involved in such falsification, they face the next higher penalty in degree.
2. Obstruction of Search and Inquiry: The finder, NACC or RACCO employees, staff of child-caring and child-placing facilities, safe haven providers, police officers, LGU officials, health employees, hospital staff, or any other concerned person who refuses, delays, or obstructs the conduct of search and inquiry into the facts of birth and parentage of a foundling faces imprisonment of not less than six months but not more than five years.
3. Failure to Report Relinquishment: A safe haven provider who fails to report within 48 hours that an infant has been relinquished within its premises faces a fine ranging from P500,000.00 to P1,000,000.00.
4. Falsification for Kidnapping or Trafficking: Any person who falsifies the registration of a supposed foundling to facilitate kidnapping or trafficking in persons faces a fine ranging from P1,000,000.00 to P5,000,000.00, imprisonment of not less than three months but not more than two years, or both. A public officer involved in such act faces the next higher penalty in degree and perpetual disqualification from office.

VII. Conclusions aboutRepublic Act No. 11767 or the Foundling Recognition and Protection Act

Republic Act No. 11767, or the Foundling Recognition and Protection Act, finally fills the legal void in the Philippines. It establishes a comprehensive legal framework that recognizes their natural-born citizenship status, defines a clear process for granting birth certificates and facilitating adoption, and outlines the roles of various government agencies and entities involved. By criminalizing acts that harm the welfare of foundlings, the Act underscores the importance of safeguarding their well-being and ensuring they have access to the necessary support services.

The law places great emphasis on the child’s best interest throughout the process, ensuring that their needs and rights are prioritized in all decisions and actions. With this in mind, mandates a collaborative effort from government agencies, to ensure the full implementation of its provisions.

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