Duterte signs law promoting greater protection for foundling

PRESIDENT Rodrigo Duterte signed into a law a measure promoting the rights and providing greater protection to abandoned children with unknown parents.

Under Republic Act 11767, signed by Duterte on May 6, 2022, a child abandoned in the country and/ or in Philippine embassies, consulates and territories abroad is presumed a natural-born Filipino citizen regardless of the status or circumstances of birth.

As a natural-born Filipino, he or she is entitled to rights and protections equivalent to those belonging to such a class of citizens whose citizenship does not need perfection or any further act.

“The presumption of natural-born status of a foundling may not be impugned in any proceeding unless substantial proof of foreign parentage is shown,” the law reads.

“The natural-born status of a foundling shall not also be affected by the fact that the birth certificate was simulated, of that there was absence of a legal adoption process, or that there was inaction of delay in reporting, documenting or registering a foundling,” it added.

The National Authority for Child Care (NACC), Local Social Welfare and Development Office and any accredited child-caring or child-placing agency are in charge of ensuring that the child care options are provided to the child.

Within 15 days after receiving the finder’s affidavit or after the foundling is committed to a childcare, the NACC may tap its regional offices of other concerned agencies for the conduct of a “proactive and diligent search and inquiry into the facts of birth and parentage of the foundling” without compromising the confidentiality of one’s identity.

If the search fails, the foundling will be registered in the regional office and a certificate of live birth will be applied for the child.