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IRR Simulated Birth Rectification Act PDF

This document outlines the implementing rules and regulations of the Simulated Birth Rectification Act. It defines key terms related to simulated births and administrative adoptions. It also specifies the objectives of allowing the rectification of simulated births for the best interest of the child and exempting those who previously simulated births from liability, provided they file an adoption petition by 2029. The rules provide guidelines for simplified administrative adoption proceedings for children living with their prospective adoptive parents for over 3 years.
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0% found this document useful (0 votes)
72 views

IRR Simulated Birth Rectification Act PDF

This document outlines the implementing rules and regulations of the Simulated Birth Rectification Act. It defines key terms related to simulated births and administrative adoptions. It also specifies the objectives of allowing the rectification of simulated births for the best interest of the child and exempting those who previously simulated births from liability, provided they file an adoption petition by 2029. The rules provide guidelines for simplified administrative adoption proceedings for children living with their prospective adoptive parents for over 3 years.
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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October 7, 2019

IMPLEMENTING RULES AND REGULATIONS OF THE "SIMULATED BIRTH


RECTIFICATION ACT"

Pursuant to Section 23 of Republic Act No. 11222 otherwise known as the


"Simulated Birth Rectification Act, the following Implementing Rules and
Regulations are hereby promulgated:
ARTICLE I
General Provisions
SECTION 1. Title. — These Rules and Regulations shall be known
and cited as the Implementing Rules and Regulations (IRR) of the "Simulated
Birth Rectification Act."
SECTION 2. Purpose. — These IRR are hereby promulgated to
prescribe the procedures and guidelines for the implementation of the
Simulated Birth Rectification Act in order to achieve the objectives thereof.
SECTION 3. Objectives. — The objectives of these Rules are
stipulated under Section 2 (Objectives) of the Act, to wit:
(a) To grant amnesty and allow the rectification of the simulated
birth of a child where the simulation was made for the best
interest of the child, and that such child has been consistently
considered and treated by the person or persons who simulated
such birth as her, his or their own daughter or son;
(b) To fix the status and filiation of a child whose birth was
simulated by giving such child all the benefits of adoption and
ensuring that the child shall be entitled to all the rights provided
by law to legally adopted children, without any discrimination of
any kind, as well as to love, guidance and support from the child's
adoptive family;
(c) To exempt from criminal, civil and administrative liability those
who simulated the birth record of a child prior to the effectivity of
the Act; Provided, that a Petition for Adoption with an application
for the rectification of the simulated birth record is filed on or
before March 29, 2029;
(d) To provide for and allow a simpler and less costly administrative
adoption proceeding where the child has been living with the
person or persons who simulated her or his birth record for at
least three (3) years before March 29, 2019 which is the
effectivity of the Act; and
(e) To educate and inform the public about the rectification of
simulated births, and to encourage people to avail of the benefits
of this Act.
SECTION 4. Definition of Terms. — As used in these Rules:
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(a) ''Act" shall refer to Republic Act No. 11222 otherwise known as
the "Simulated Birth Rectification Act."
(b) ''Administrative Adoption" refers to a process whereby a person
assumes the parental authority of a child, from the biological
parent or parents. It permanently transfers all rights and
responsibilities, along with filiation to the adoptive parent(s).
(c) ''Affidavit of Disinterested Persons" refers to an Affidavit
executed by two affiants who are not related to the petitioner(s)
by consanguinity or affinity to attest to a fact.
(d) "Certification Declaring a Child Legally Available for Adoption
(CDCLAA)" refers to the certification issued by the DSWD
Secretary or his or her duly authorized representative
administratively declaring that the child is legally available for
adoption.
(e) "Child" refers to a person below eighteen (18) years of age or a
person eighteen (18) years or over who is unable to fully take
care of herself or himself or protect herself or himself from abuse,
neglect, cruelty, exploitation or discrimination because of a
physical or mental disability or condition, whose birth was
simulated.
(f) "Disinterested Person" refers to an individual who attests on a
particular fact, i.e., simulation of birth but has no personal
advantage or disadvantage in the outcome or decision of the
Petition for Adoption with an Application for Rectification of
Simulated Birth Record.
(g) "Foundling" refers to a person whose fact/s of birth is/are
unknown.
(h) "Indigent" refers to Prospective Adoptive Parent/s whose net
income per month is less than the Family Income and
Expenditures Survey (FIES) conducted by PSA and approved by
the National Economic Development Authority (NEDA).
(i) "New Birth Certificate" refers to the civil registry record of a
person registered pursuant to the Order of Adoption issued by the
Secretary, bearing the name by which he or she shall be known
and his or her parents as stated in the Order of Adoption.
(j) "Order of Adoption" refers to a registrable civil registry document
issued by the Secretary after determining that the administrative
adoption is for the best interest of the child.
(k) "Petition for Administrative Adoption with Application for
Rectification of Simulated Birth Record" ("Petition" for brevity)
refers to the accomplished application stating the circumstances
behind the simulation of birth of a child, citing the petitioner/s
qualifications to adopt such child and the grounds that would
warrant the grant of an administrative adoption by the Secretary.
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(l) "Petitioner'' refers to person or persons whom the child
consider(s) as parent(s) and intended to legalize their parent-
child relationship by filing the Petition for Administrative Adoption
with Application for Rectification of Simulated Birth Record.
(m) "Rectified Birth Record" refers to a civil registry record of a
person issued pursuant to the order of the Secretary, which may
either be a birth or foundling certificate, as determined by the
facts about the child's parentage or finding, which information
comprise his or her true identity.
(n) "Regional Director" refers to the head of a field office of the
DSWD.
(o) "Secretary" refers to the Secretary of the DSWD.
(p) "Simulation of Birth Record" refers to the tampering of the civil
registry record to make it appear in the record of birth that a
child was born to a person who is not such child's biological
mother, causing the loss of the true identity and status of such
child.
(q) "Social Welfare and Development Office (SWDO)" refers to the
office in the city or municipality that discharges the social welfare
and development programs and services devolved to such local
government units.
(r) "Social Worker'' refers to a person who passed the Licensure
Examination for Social Workers, has a valid professional license
and who exercises sound professional judgment in handling
cases.
SECTION 5. Coverage and Exclusions. — In the implementation of
the Act, those hereinafter enumerated are covered:
a) Administrative adoption of a non-relative child;
b) Administrative adoption of a relative child within the fourth (4th)
degree of affinity or consanguinity;
c) Administrative adoption of an adult, who is consistently
considered and treated as daughter or son since birth or
minority;
d) Administrative adoption where the Petition for Cancellation of
Simulated Birth Certificate or Petition for Adoption with
Cancellation of Simulated Birth Certificate is pending in court in
accordance with Section 38 hereof; or
e) Other analogous circumstances as may be determined by the
Secretary.
Provided that the child subject of the petition has been living with or
under the custody of the prospective adoptive parents (PAPs) for at least
three (3) years and they have simulated the birth record of said child prior to
the effectivity of the Act. Provided further, that the petition for
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Administrative Adoption with Application for Rectification of Simulated Birth
Record is filed within the prescribed period.
Excluded in the coverage of the Act are circumstances not
limited to the following:
a) Rectification or Correction of entries, i.e., to reflect the name of
the biological parent/s in the birth certificate;
b) Administrative adoption by the relatives of the deceased
person(s) who simulated the birth of a child or person;
c) Administrative adoption by person(s) other than the parent(s)
named in the simulated birth certificate; or
d) Administrative adoption of a child by the purported father only;
when the mother named in the birth certificate is the biological
mother of such child.
SECTION 6. Suppletory Application of Existing Laws. — The existing
relevant adoption and child welfare laws, in so far as these are not
inconsistent with the Act, may be applied suppletorily to aid in the
implementation of R.A. 11222 and these IRR.
ARTICLE II
Administrative Adoption Services
SECTION 7. Pre-Administrative Adoption Services. — Pursuant to
Article II, Section 4 of RA 8552 or the "Domestic Adoption Act of 1998,"
prospective adoptive parents shall be required to attend pre-adoption fora
and seminars from the Department or licensed Child Placing Agency to
ensure that they are informed of the rights of the child and their
responsibilities to the child.
The objectives of the fora and seminars are:
(a) To help the PAPs assess their motivation, capacity and readiness
to adopt;
(b) To resolve possible adoption issues; and
(c) To prepare the PAP/s for effective parenting.
The certificate of attendance in the pre-adoption seminar shall be
issued by the DSWD or child placing agency as one of the supporting
documents in filing by the PAP/s of the petition for administrative adoption
with application for rectification of simulated birth record.
SECTION 8. Post-Administrative Adoption Services. — These
services may include counseling, tracing the roots, reunion and others which
shall be made available by the social workers of the Department and the
SWDOs to the adoptee, adopter and the biological parents.
ARTICLE III
Administrative Adoption
SECTION 9. Rectification of Simulated Birth Record . — Subject to
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the provisions of the law, a person or persons who, on or before March 28,
2019, simulated the birth of a child, and those who cooperated in the
execution of such simulation, shall not be criminally, civilly, or
administratively liable for such act provided:
(a) That the simulation of birth was made for the best interest of
the child and that the child has been consistently considered and
treated by such person or persons as her, his, or their own
daughter or son; and
(b) That such person or persons has or have filed a petition for
adoption with an application for the rectification on or before
March 29, 2029.
All benefits of the Act shall also apply to adult adoptees whose
certificates of birth have been simulated.
SECTION 10. Administrative Adoption and Rectification. — A person
or persons who simulated the birth of a child under the conditions provided
under Section 4 of the Act may avail of administrative proceedings for the
adoption and rectification of the simulated birth record of the child provided:
(a) That the child has been living with and cared for by the
petitioners for a minimum period of 3 years prior to March 29,
2019 which is the effectivity of the Act;
(b) That when applicable, a certificate declaring the child legally
available for adoption (CDCLAA) is issued by the DSWD in favor of
the child.
SECTION 11. Inadmissible Evidence. — All petitions, documents,
records and papers relating to adoption and rectification of simulated births
under the Act cannot be used as evidence against those who simulated the
birth of a child or who cooperated in the execution of such simulation in any
criminal, civil, or administrative proceedings.
ARTICLE IV
Certification Declaring a Child Legally Available for Adoption
SECTION 12. CDCLAA Requirement . — Except in the case of an
adult prospective adoptee or a relative child, all petitions under the Act must
include a CDCLAA, issued in accordance with R.A. 9523. The supporting
documents of the application/petition for CDCLAA and the process for its
issuance shall conform with the pertinent guidelines of the Department.
The CDCLAA shall be the primary evidence that the child is legally
available for adoption.
ARTICLE V
Additional Requirements for Administrative Adoption
SECTION 13. Personal Qualifications. — Adopters must:
(a) Be Filipino citizen;
(b) Be of legal age;
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(c) Possess full civil capacity and legal rights;
(d) Be of good moral character;
(e) Have not been convicted of any crime involving moral turpitude;
(f) Be emotionally and psychologically capable of caring for
children; and
(g) Be in a position to support, educate and care for his or her
children and the child to be adopted in keeping with the means of
the family.
In case of adoption by a married couple, where one of the adopters is a
foreign national married to a Filipino, the foreign national must have been
residing in the Philippines for least three (3) continuous years prior to the
filing of the petition for adoption and application for rectification of simulated
birth record.
SECTION 14. Required Consent . — After being properly counseled
and informed of the right to give or withhold approval of the adoption, the
written consent of the following shall be required:
(a) The prospective adoptee, if ten (10) years of age or over;
(b) The petitioner's legitimate and adopted daughters and sons, ten
(10) years of age or over, if any;
(c) The petitioner's illegitimate daughters and sons, ten (10) years
of age or over, if living with said adopter(s), if any; and
(d) The spouse, if any, of the adoptee.
ARTICLE VI
Administrative Adoption Procedure
SECTION 15. Petition. — The petition for administrative adoption
with application for rectification of simulated birth record for each child shall
be in the form of an affidavit and shall be subscribed and sworn to by the
petitioner(s) before any person authorized by law to administer affirmations
and oaths.
It shall state the facts necessary to establish the merits of the petition,
and the circumstances surrounding the simulation of the birth of the child.
SECTION 16. Documents Attached to the Petition. — The petition
shall be supported by the following documents:
a) Authenticated copy of the simulated birth record of the child and
authenticated copy of the birth record of the adopters;
b) Affidavit of admission, if the simulation of the birth was done by
a third person;
c) Certification issued and signed by the punong barangay attesting
that:
i. The petitioner(s) are bonafide residents of the barangay;
ii. The child has been living with the petitioner/s for at least
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three (3) years prior to March 29, 2019;
iii. The petitioner is indigent, if applicable;
d) Notarized Affidavits of at least two (2) disinterested persons, who
reside in the same barangay where the child resides, attesting
that the child has been living with the petitioner/s for at least
three (3) years prior to the effectivity of the Act;
e) Original copy of CDCLAA issued by the DSWD, except if the
prospective adoptee is an adult or a relative of the adopter(s)
within the fourth degree of consanguinity or affinity;
f) Oldest and recent photographs of the prospective adoptee and
the petitioner(s) taken within the last three (3) months prior to
the filing of the petition;
g) Certificate of Attendance by the Petitioner(s) in Pre-Adoption
Fora and Seminar;
h) As applicable, Marriage Contract, Decree of Annulment,
Declaration of Nullity of Marriage or Decree of Legal Separation;
i) Latest Physical and Medical Evaluation of the adopter(s) by a duly
licensed physician;
j) When appropriate, psychological evaluation of the adopter(s) by a
duly licensed psychologist;
k) Latest NBI/Police Clearance;
l) Latest income tax return or any other documents showing
financial capability, e.g., Certificate of Employment, Bank
Certificate or Statement of Assets and Liabilities; and
m) Authenticated copy of the Negative Certification of Birth, to
serve as basis in the late registration and issuance of rectified
birth record.
In case one of the adopter(s) is a foreign national married to a Filipino,
he or she must submit proof of the following:
1) Residence in the Philippines for at least three (3) continuous
years prior to the filing of the petition and maintains such
residence until the Order of Adoption is issued;
2) Certification by his or her diplomatic or consular office or any
appropriate government agency that he or she has the legal
capacity to adopt in his or her country, and that his or her
government allows the adoptee to enter his or her country as his
or her adopted son or daughter.
SECTION 17. Who may File . — Petitioner(s) who simulated a child's
birth record, consistently considered and treated said child as his or her or
their own daughter or son may file the Petition, provided that the child has
been under his or her or their care and custody for at least three (3) years
prior to the effectivity of the Act.
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SECTION 18. When to File . — The Petition shall be filed 15 days
after the publication of the IRR until March 29, 2029.
SECTION 19. Where to File. — The Petition together with complete
supporting documents shall be filed by the petitioner(s) with the Social
Welfare and Development Office of the city or municipality where the child
resides.
SECTION 20. Review of Petition . — The SWDO shall examine the
petition and its supporting documents within seven (7) days to determine if it
is sufficient in form and substance. If the SWDO finds that the petition is
insufficient in form or substance, the SWDO shall return the same to the
petitioner with a written explanation of its insufficiency.
If the SWDO finds that the petition is sufficient in form and substance,
the SWDO shall forward the petition and the supporting documents within
three (3) days to the Regional Director of DSWD Field Office where the SWDO
is situated.
SECTION 21. Recommendation on the Petition . — Upon receipt of
the Petition by the Field Office, a Social Case Study Report for the
petitioner(s) and the child shall be prepared by a licensed social worker of
the Field Office who shall conduct home visits to the petitioner(s) and the
child to establish the identity of the child, determine capacity of the
petitioner(s) to care for the child and possession of the personal
qualifications and whether or not the child has been consistently considered
and treated by the petitioner(s) as his or her or their own child.
The report shall clearly indicate whether or not the administrative
adoption shall redound to best interest of the child and shall state the
appropriate recommendation.
Such report together with the Petition and the supporting documents
from the SWDO shall be reviewed by the Regional Director. The identity of
the child and the petitioner including the motivation to adopt shall be
personally determined by him or her through the supporting documents of
the petition and interview with the petitioner and the child. In the course of
the review, additional information or document/s may be required from the
petitioner to support the petition. The failure of the petitioner to comply with
such request shall not preclude the Regional Director from acting on the
petition based on the evidence at hand. The personal appearance of the
petitioner and the child before the Regional Director shall likewise be
mandatory.
The Regional Director shall prepare the recommendation on the
petition not later than thirty (30) days from receipt thereof.
SECTION 22. Transmittal of the Recommendation to DSWD Central
Office. — The Regional Director shall endorse to the Office of the Secretary
his or her recommendation on the Petition together with the original copy of
the petition and its supporting documents.
SECTION 23. Order of Adoption. — The Secretary shall act and
decide on the petition within thirty (30) days upon receipt of the
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recommendation from the Regional Director.
If the Secretary determines that the adoption shall redound to the best
interest of the child, an Order of Adoption which is a registrable civil registry
document, shall be issued stating the name by which the child shall be
known and shall likewise direct the concerned local civil registrar the:
a) Cancellation of the simulated birth record of the child;
b) Late registration of the rectified birth record, which is a birth or
foundling certificate, bearing the true facts of birth or finding of
the child, as the case may be;
c) Issuance of a new Birth Certificate.
The Order of Adoption shall create a legal status to the existing parent-
child relationship of the petitioner(s) and the child. The Order shall take
effect on the date the petition was filed with the SWDO, even if the
petitioner dies before its issuance. It shall become final upon the expiration
of fifteen (15) days from notice thereof to all parties.
An administrative adoption order obtained under this Act shall have the
same effect as a decree of adoption issued pursuant to Republic Act No.
8552, otherwise known as the Domestic Adoption Act of 1998. The Order
shall be registered accordingly by the concerned DSWD Field Office at the
local civil registrar of the city or municipality where the child is born or
found.
SECTION 24. Transmittal of Order of Adoption. — The Secretary
shall transmit the Order of Adoption to the concerned DSWD Regional Office,
which shall in turn provide original printed copy to the petitioner(s) and
certified true copy to the record-keeping local civil registrar and the
Philippine Statistics Authority-Central Office (PSA-CO). To facilitate the
authentication of the Order, the PSA-CO shall likewise be furnished with an
electronic copy thereof.
SECTION 25. Finality of the Order. — The Secretary shall issue a
Certificate of Finality upon the lapse of the 15-day period.
SECTION 26. Civil Registry Record . — Upon receipt of the certificate
of finality, the record-keeping local civil registrar shall stamp the simulated
birth record "cancelled" with annotation of the following:
i. Issuance of a rectified birth record, bearing the child's true
identity; and
ii. Issuance of a new birth certificate, indicating the petitioner/s as
parents pursuant to the administrative adoption.
The rectified birth certificate bearing the name of the biological parents
of the child or the foundling certificate, as the case may be, shall not bear
any notation. The copy of this rectified birth record together with the new
birth certificate shall be transmitted to the PSA. In all cases, the recording
and registration of the Order of Adoption, the rectified birth record and the
new birth certificate by the concerned local civil registrar, shall conform with
the internal guidelines prescribed by the PSA.
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The cancelled simulated birth certificate and the rectified birth record
shall be sealed in the civil registry records and shall be released or issued
only upon the order of the Secretary or other lawful authority.
SECTION 27. Socialized Fees . — The city or municipal SWDO, the
DSWD Field Office and the Office of Local Civil Registrar may charge
socialized fees in an amount not exceeding One Thousand Pesos (P1,000.00)
from those who avail of the administrative adoption proceedings under the
Act.
As far as practicable, the foregoing agencies, in the exercise of their
rate-fixing power, may come up with staggered rates depending on income
bracket of petitioner(s), to effect the socialized fees sanctioned by the Act.
Fees shall be waived if the petitioner(s) is/are found to be indigent as
defined in this IRR.
SECTION 28. Confidentiality. — All petitions, documents, records
and papers relating to the administrative adoption proceedings in the files of
the city or municipal SWDOs, DSWD Central and Field Offices, local civil
registrars, or any other agency or institution participating in such
proceedings shall be strictly confidential.
In any event, the disclosure of any information shall only be allowed
upon the Order of the Secretary, based on the written request of the
adoptee or in the case of a minor adoptee, his or her legal guardian or the
Adoptive Parent or upon order of any lawful authority.
Any violation of the confidential nature of the records above-mentioned
shall be punishable pursuant to the penal provisions of the Act, R.A. No.
10173 or the "Data Privacy Act of 2012" or other relevant laws.
ARTICLE VII
Effects of Administrative Adoption
SECTION 29. Effects of Administrative Adoption. — The
administrative adoption shall have the following effects:
(a) Legitimacy — The adoptee shall be considered the legitimate
child of the adopter for all intents and purposes. As such, the
adoptee is entitled to all rights and obligations provided by law to
legitimate children without discrimination of any kind.
wzz The adoptee is also entitled to love, guidance, and support in
keeping with the means of the family.
(b) Parental Authority — Except when the biological parent is the
spouse of the adopter, all legal ties between the biological
parent/s and the adoptee shall be severed and the same shall be
vested in the adopter.
(c) Succession — In legal and intestate succession, the adopter and
the adoptee shall have reciprocal rights of succession without
distinction from legitimate filiation. However, if the adoptee and
his or her biological parents left a will, the law on testamentary
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succession shall govern.
SECTION 30. Order of Denial and Administrative Remedy. — Should
the Petition be denied, the Secretary shall issue an Order of Denial in lieu of
an Order of Adoption. Within fifteen (15) days upon receipt of the notice, the
petitioner may file a Motion for Reconsideration to the Office of the Secretary
and furnish a copy to the concerned DSWD Field Office.
The Secretary is given 15 days upon receipt to rule on the Motion for
Reconsideration. In case of denial of the motion, petitioner/s may resort to
appeal in accordance with the existing rules.
Depending on the ground for denial, the order shall be without
prejudice to the refiling of the Petition with the SWDO in accordance with
these Rules.
Notwithstanding a denial, nothing in the Act proscribes the
petitioner(s) from resorting to judicial or other modes of adoption.
In the event of a denial founded on the determination by the Secretary
that the administrative adoption will not redound to the best interest of the
child, the Department shall ensure that all means necessary to protect the
rights and promote the welfare of said child shall be in place.
ARTICLE VIII
Rescission of Administrative Adoption
SECTION 31. Grounds for Rescission. — Upon petition of the
adoptee, with the assistance of the city or municipal SWDO or the DSWD if a
minor or if over eighteen (18) years of age but is incapacitated, the adoption
may be rescinded on any of the following grounds committed by the
adopter:
(a) Repeated physical or verbal maltreatment by the adopter;
(b) Attempt on the life of the adoptee;
(c) Sexual assault or violence;
(d) Abandonment and failure to comply with parental obligations; or
(e) Other acts that are detrimental to the psychological and
emotional development of the adoptee.
Adoption, being in the best interest of the child, shall not be subject to
rescission by the adopter. However, the adopter may disinherit the adoptee
for causes provided in Article 919 of the Civil Code.
SECTION 32. Rescission of Administrative Adoption. — The process
for administrative adoption as provided under Section 11 of the Act shall
apply to the rescission of administrative adoption: Provided, That the
concerned SWDO, Regional Director, and the Secretary shall act immediately
on the petition for rescission bearing in mind the best interest of the child.
The Secretary shall furnish a copy of the Order of Rescission to the
concerned DSWD Regional Office, which shall in turn provide copies to the
petitioner, the concerned agencies and the concerned local civil registrar.
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Thereafter, the concerned local civil registrar shall cancel the new certificate
of birth of the adoptee, and restore the adoptee's rectified birth certificate
bearing the name/s of the biological parents, or the foundling certificate, as
the case may be.
SECTION 33. Effects of Rescission. — If the petition for rescission of
administrative adoption is granted by the Secretary, the parental authority
of the adoptee's biological parents, if known, shall be restored if the adoptee
is still a minor or incapacitated. The reciprocal rights and obligations of the
adopter and adoptee to each other shall be extinguished.
Successional rights shall revert to its status prior to adoption, but only
as of the date of judgment of administrative rescission. Vested rights
acquired prior to administrative rescission shall be respected.
All the foregoing effects of rescission of adoption shall be without
prejudice to the penalties imposable under the Revised Penal Code if the
criminal acts are proven.
ARTICLE IX
Violations and Penalties
SECTION 34. Violations and Penalties. — The penalty of
imprisonment ranging from six (6) years and one (1) day to twelve (12) years
and/or a fine not less than two hundred thousand pesos (P200,000.00) at the
discretion of the court shall be imposed on any person who shall commit any
of the following acts:
(a) Obtaining consent for an adoption through coercion, undue
influence, fraud, improper material inducement, or other similar
acts;
(b) Noncompliance with the procedures and safeguards provided by
law for the adoption; or
(c) Subjecting or exposing the child to be adopted to danger, abuse,
or exploitation.
ARTICLE X
Final Provisions
SECTION 35. Information Dissemination. — The DSWD, in
coordination with the Department of the Interior and Local Government
(DILG), the Department of Education, the Department of Health, various
national leagues of local government units, the Council for the Welfare of
Children (CWC), and the Philippine Statistics Authority (PSA) shall
disseminate to the public information regarding the Act and its
implementation.
SECTION 36. Saving Clause. — Nothing in these Rules shall affect
any right of an adoptee acquired by judicial proceeding or otherwise before
the commencement of the Rules.
SECTION 37. Budgetary Requirement . — Frontline agencies must
include in their respective appropriations such sum as may be necessary for
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the implementation of the Act, in the year following its enactment and the
succeeding years.
SECTION 38. Transitory Provision . — For cases that may qualify
under the Act with Petition for Adoption with Cancellation of Simulated Birth
Record or Petition for Cancellation of Simulated Birth Record that are
pending in court, the petitioner/s has the option to either withdraw the case
and avail of this administrative adoption proceeding at the Department of
Social Welfare and Development or continue with the judicial proceeding.
To ensure efficient implementation of the Act, the DSWD, PSA and
other concerned agencies shall issue the necessary internal guidelines.
Likewise, the DSWD and PSA may opt to enter into a joint memorandum
circular whereby the operationalization of the processes set forth in these
Rules shall be laid down.
SECTION 39. Separability Clause. — If any provision or part of this
Rule is declared unconstitutional or invalid, the remaining parts or provisions
not affected shall remain in full force and effect.
SECTION 40. Effectivity. — These Rules shall take effect fifteen (15)
days after its publication in two (2) newspapers of general circulation or in
the Official Gazette.
The IRR shall be registered with the Office of the National
Administrative Register at the University of the Philippines, UP Diliman,
Quezon City.
Approved on October 7, 2019.

(SGD.) ROLANDO JOSELITO D. BAUTISTA


Secretary
Department of Social Welfare and Development

(SGD.) CLAIRE DENNIS S. MAPA


National Statistician
Philippine Statistics Authority

(SGD.) EDUARDO M. AÑO


Secretary
Department of the Interior and Local Government

(SGD.) MENARDO I. GUEVARRA


Secretary
Department of Justice

(SGD.) MARY MITZI L. CAJAYON-UY


Executive Director
Council for the Welfare of Children
CD Technologies Asia, Inc. © 2021 cdasiaonline.com
(SGD.) LUCENA M. FLORES
National President
Philippine Association of Civil Registrars, Inc.

(SGD.) GWENDOLYN PIMENTEL-GANA


President
Association of Child Caring Agencies of the Philippines

(SGD.) ROMEO DONGETO


Executive Director
Child Rights Network Philippines

CD Technologies Asia, Inc. © 2021 cdasiaonline.com

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