JUNE 9, 2015

NR # 3858B

House approves bill allowing the rectification of birth records

The House of Representatives has approved on third and final reading a measure
allowing the rectification of birth records.
Rep. Arturo B. Robes (Lone District, San Jose Del Monte City), Chairman of the
House Committee on Social Services, said the bill allows the filing of petitions for
adoption with an application for rectification of the simulated birth record, either judiciary
or through administrative proceedings, without criminal liability on the part of the adopter.
Robes said House Bill 5729 grants a 10-year amnesty period for those who
simulated the birth of a child prior to the effectivity of the act.
The bill defines simulation of birth as tampering of the civil registry making it
appear in the birth records that a child was born to a person who is not the biological
mother, causing the loss of the true identity of the child. Simulation of birth is a criminal
act punishable under the revised Penal Code.
The authors of the bill are Reps. Giorgidi Aggabao (4 th District, Isabela), Gloria
Macapagal-Arroyo (2nd District, Pampanga) and Diosdado Macapagal Arroyo (2 nd District,
Camarines Sur), Xavier Jesus Romualdo (Lone District, Camiguin) and Rene Relampagos
(1st District, Bohol), Estrellita Suansing (1st District, Nueva Ecija) and Anthony Bravo
(Party-list, COOP-NATCCO).
Aggabao said the measure prescribes administrative proceedings in the Department
of Social Welfare and Development (DSWD) for the adoption and rectification of the
simulated birth record of a child provided that the child has been living with the person for
at least five years before the effectivity of act.
According to Aggabao, it is common knowledge that childless couples resort to
simulation of birth to avoid the tedious process of adoption.
Congress has recognized that this unlawful scheme is often resorted to with good
faith intentions and with the best interest of the child in mind. For this reason, Congress
saw fit to provide an opportunity and procedure for couples so situated to rectify the
simulation and to legalize the present parent-child relationship, without incurring any
criminal liability under the Domestic Adoption Act of 1998, Aggabao said.
Romualdo said it is presumed that in the registration of births, the parents or their
next of kin act in good faith and have provided the Office of the Local Civil Registrar with
accurate information about the personal details of the child.

It is common in our society to hear news about couples that are childless or can
afford to raise an additional child who resort to simulation of birth to avoid the proper
legal proceedings. It is for this reason that we allow those who have simulated the births
of their supposed child or children to avail of this new window of opportunity and provide
the child with the full protection of the laws, such as the right of succession and legal use
of the surname of their adoptive parents, Romualdo said.
The measure provides the procedural rules of administrative adoption, requires
strict confidentiality in all petitions, documents, records and papers relating to
administrative adoption proceedings.
The bill likewise provides for the conduct of regular adoption proceedings for those
who are not qualified to avail of administrative proceedings only in accordance with the
Domestic Adoption Act of 1998 and the Administrative matter No. 02-6-02-SC, (Rule on
Adoption).
The DWSD is mandated to issue the necessary rules and regulations for the
effective implementation of the Act in coordination with the Department of the Interior
and Local Government (DILG) for the dissemination of information regarding the law.
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