REPUBLIC ACT NO.

9048 March 22, 2001

AN ACT AUTHORIZING THE CITY OR MUNICIPAL CIVIL REGISTRAR OR THE CONSUL

GENERAL TO CORRECT A CLERICAL OR TYPOGRAPHICAL ERROR IN AN ENTRY AND/OR
CHANGE OF FIRST NAME OR NICKNAME IN THE CIVIL REGISTER WITHOUT NEED OF A
JUDICIAL ORDER, AMENDING FOR THIS PURPOSE ARTICLES 376 AND 412 OF THE CIVIL
CODE OF THE PHILIPPINES

Be it enacted by the Senate and the House of Representatives of the Philippines in Congress
assembled:

Section 1. Authority to Correct Clerical or Typographical Error and Change of First Name or
Nickname – No entry in a civil register shall be changed or corrected without a judicial order, except
for clerical or typographical errors and change of first name or nickname which can be corrected or
changed by the concerned city or municipal civil registrar or consul general in accordance with the
provisions of this Act and its implementing rules and regulations.

Section 2. Definition of Terms – As used in this Act, the following terms shall mean:

(1) "City or Municipal civil registrar" refers to the head of the local civil registry office of the
city or municipality, as the case may be, who is appointed as such by the city or municipal
mayor in accordance with the provisions of existing laws.

(2) "Petitioner" refers to a natural person filing the petition and who has direct and personal
interest in the correction of a clerical or typographical error in an entry or change of first
name or nickname in the civil register.

(3) "Clerical or typographical error" refers to a mistake committed in the performance of

clerical work in writing, copying, transcribing or typing an entry in the civil register that is
harmless and innocuous, such as misspelled name or misspelled place of birth or the like,
which is visible to the eyes or obvious to the understanding, and can be corrected or
changed only by reference to other existing record or records: Provided, however, That no
correction must involve the change of nationality, age, status or sex of the petitioner.

(4) "Civil Register" refers to the various registry books and related certificates and
documents kept in the archives of the local civil registry offices, Philippine Consulates and of
the Office of the Civil Registrar General.

(5) "Civil registrar general" refers to the Administrator of the National Statistics Office which
is the agency mandated to carry out and administer the provision of laws on civil registration.

(6) "First name" refers to a name or nickname given to a person which may consist of one or
more names in addition to the middle and last names.

Section 3. Who May File the Petition and Where. – Any person having direct and personal interest
in the correction of a clerical or typographical error in an entry and/or change of first name or
nickname in the civil register may file, in person, a verified petition with the local civil registry office of
the city or municipality where the record being sought to be corrected or changed is kept.

In case the petitioner has already migrated to another place in the country and it would not be
practical for such party, in terms of transportation expenses, time and effort to appear in person
before the local civil registrar keeping the documents to be corrected or changed, the petition may
be filed, in person, with the local civil registrar of the place where the interested party is presently
residing or domiciled. The two (2) local civil registrars concerned will then communicate to facilitate
the processing of the petition.

Citizens of the Philippines who are presently residing or domiciled in foreign countries may file their
petition, in person, with the nearest Philippine Consulates.

The petitions filed with the city or municipal civil registrar or the consul general shall be processed in
accordance with this Act and its implementing rules and regulations.

All petitions for the clerical or typographical errors and/or change of first names or nicknames may
be availed of only once.

Section 4. Grounds for Change of First Name or Nickname. – The petition for change of first name
or nickname may be allowed in any of the following cases:

(1) The petitioner finds the first name or nickname to be ridiculous, tainted with dishonor or
extremely difficult to write or pronounce.

(2) The new first name or nickname has been habitually and continuously used by the
petitioner and he has been publicly known by that by that first name or nickname in the
community: or

(3) The change will avoid confusion.

Section 5. Form and Contents of the Petition. – The petition shall be in the form of an affidavit,
subscribed and sworn to before any person authorized by the law to administer oaths. The affidavit
shall set forth facts necessary to establish the merits of the petition and shall show affirmatively that
the petitioner is competent to testify to the matters stated. The petitioner shall state the particular
erroneous entry or entries, which are sought to be corrected and/or the change sought to be made.

The petition shall be supported with the following documents:

(1) A certified true machine copy of the certificate or of the page of the registry book
containing the entry or entries sought to be corrected or changed.

(2) At least two (2) public or private documents showing the correct entry or entries upon
which the correction or change shall be based; and

(3) Other documents which the petitioner or the city or municipal civil registrar or the consul
general may consider relevant and necessary for the approval of the petition.

In case of change of first name or nickname, the petition shall likewise be supported with the
documents mentioned in the immediately preceding paragraph. In addition, the petition shall be
published at least once a week for two (2) consecutive weeks in a newspaper of general circulation.
Furthermore, the petitioner shall submit a certification from the appropriate law enforcement
agencies that he has no pending case or no criminal record.
The petition and its supporting papers shall be filed in three (3) copies to be distributed as follows:
first copy to the concerned city or municipal civil registrar, or the consul general; second copy to the
Office of the Civil Registrar General; and third copy to the petitioner.

Section 6. Duties of the City or Municipal Civil Registrar or the Consul General. – The city or
municipal civil registrar or the consul general to whom the petition is presented shall examine the
petition and its supporting documents. He shall post the petition in a conspicuous place provided for
that purpose for ten (10) consecutive days after he finds the petition and its supporting documents
sufficient in form and substance.

The city or municipal civil registrar or the consul general shall act on the petition and shall render a
decision not later than five (5) working days after the completion of the posting and/or publication
requirement. He shall transmit a copy of his decision together with the records of the proceedings to
the Office of the Civil Registrar General within five (5) working days from the date of the decision.

Section 7. Duties and Powers of the Civil Registrar General. – The civil registrar general shall,
within ten (10) working days from receipt of the decision granting a petition, exercise the power to
impugn such decision by way of an objection based on the following grounds:

(1) The error is not clerical or typographical;

(2) The correction of an entry or entries in the civil register is substantial or controversial as it
affects the civil status of a person; or

(3) The basis used in changing the first name or nickname of a person does not fall under
Section 4.

The civil registrar general shall immediately notify the city or municipal civil registrar or the consul
general of the action taken on the decision. Upon receipt of the notice thereof, the city or municipal
civil registrar or the consul general shall notify the petitioner of such action.

The petitioner may seek reconsideration with the civil registrar general or file the appropriate petition
with the proper court.

If the civil registrar general fails to exercise his power to impugn the decision of the city or municipal
civil registrar or of the consul general within the period prescribed herein, such decision shall
become final and executory.

Where the petition is denied by the city or municipal civil registrar or the consul general, the
petitioner may either appeal the decision to the civil registrar general or file the appropriate petition
with the proper court.

Section 8. Payment of Fees. – The city or municipal civil registrar or the consul general shall be
authorized to collect reasonable fees as a condition for accepting the petition. An indigent petitioner
shall be exempt from the payment of the said fee.

Section 9. Penalty Clause. - A person who violates any of the provisions of this Act shall, upon
conviction, be penalized by imprisonment of not less than six (6) years but not more than twelve (12)
years, or a fine of not less than Ten thousand pesos (P10,000.00) but not more than One Hundred
Thousand pesos (P100,000.00), or both, at the discretion of the court.
In addition, if the offender is a government official or employee he shall suffer the penalties provided
under civil service laws, rules and regulations.

Section 10. Implementing Rules and Regulations. - The civil registrar general shall, in consultation
with the Department of Justice, the Department of Foreign Affairs, the Office of the Supreme Court
Administrator, the University of the Philippines Law Center and the Philippine Association of Civil
Registrars, issue the necessary rules and regulations for the effective implementation of this Act not
later than three (3) months from the effectivity of this law.

Section 11. Retroactivity Clause. - This Act shall have retroactive effect insofar as it does not
prejudice or impair vested or acquired rights in accordance with the Civil Code and other laws.

Section 12. Separability Clause. - If any portion or provision of this Act is declared void or
unconstitutional, the remaining portions or provisions thereof shall not be affected by such
declaration.

Section 13. Repealing Clause - All laws, decrees, orders, rules and regulations, other issuances, or
parts thereof inconsistent with the provisions of this Act are hereby repealed or modified accordingly.

Section 14. Effectivity Clause. - This Act shall take effect fifteen (15) days after its complete
publication in at least two (2) national newspapers of general circulation.

Approved: March 22, 2001

(Sgd.)

GLORIA MACAPAGAL-ARROYO
President of the Philippines
REPUBLIC ACT NO. 10172

AN ACT FURTHER AUTHORIZING THE CITY OR MUNICIPAL CIVIL REGISTRAR OR THE

CONSUL GENERAL TO CORRECT CLERICAL OR TYPOGRAPHICAL ERRORS IN THE DAY
AND MONTH IN THE DATE OF BIRTH OR SEX OF A PERSON APPEARING IN THE CIVIL
REGISTER WITHOUT NEED OF A JUDICIAL ORDER, AMENDING FOR THIS PURPOSE
REPUBLIC ACT NUMBERED NINETY FORTY-EIGHT

Be it enacted by the Senate and House of Representatives of the Philippines in Congress

assembled:

Section 1. Section 1 of Republic Act No. 9048, hereinafter referred to as the Act, is hereby amended
to read as follows:

"SECTION 1. Authority to Correct Clerical or Typographical Error and Change of First Name
or Nickname. – No entry in a civil register shall be changed or corrected without a judicial
order, except for clerical or typographical errors and change of first name or nickname, the
day and month in the date of birth or sex of a person where it is patently clear that there was
a clerical or typographical error or mistake in the entry, which can be corrected or changed
by the concerned city or municipal civil registrar or consul general in accordance with the
provisions of this Act and its implementing rules and regulations."

Section 2. Section 2, paragraph (3) of the Act is likewise amended to read as follows:

"SEC. 2. Definition of Terms. – As used in this Act, the following terms shall mean:

(1) xxx xxx

(2) xxx xxx

(3) ‘Clerical or typographical error’ refers to a mistake committed in the performance

of clerical work in writing, copying, transcribing or typing an entry in the civil register
that is harmless and innocuous, such as misspelled name or misspelled place of
birth, mistake in the entry of day and month in the date of birth or the sex of the
person or the like, which is visible to the eyes or obvious to the understanding, and
can be corrected or changed only by reference to other existing record or
records: Provided, however, That no correction must involve the change of
nationality, age, or status of the petitioner."

Section 3. Section 5 of the Act is hereby amended to read as follows:

"SEC. 5. Form and Contents of the Petition. – The petition for correction of a clerical or
typographical error, or for change of first name or nickname, as the case may be, shall be in
the form of an affidavit, subscribed and sworn to before any person authorized by law to
administer oaths. The affidavit shall set forth facts necessary to establish the merits of the
petition and shall show affirmatively that the petitioner is competent to testify to the matters
stated. The petitioner shall state the particular erroneous entry or entries, which are sought
to be corrected and/or the change sought to be made.

The petition shall be supported with the following documents:

 (1) A certified true machine copy of the certificate or of the page of the registry book
containing the entry or entries sought to be corrected or changed;

(2) At least two (2) public or private documents showing the correct entry or entries
upon which the correction or change shall be based; and

(3) Other documents which the petitioner or the city or municipal civil registrar or the
consul general may consider relevant and necessary for the approval of the petition.

No petition for correction of erroneous entry concerning the date of birth or the sex of a
person shall be entertained except if the petition is accompanied by earliest school record or
earliest school documents such as, but not limited to, medical records, baptismal certificate
and other documents issued by religious authorities; nor shall any entry involving change of
gender corrected except if the petition is accompanied by a certification issued by an
accredited government physician attesting to the fact that the petitioner has not undergone
sex change or sex transplant. The petition for change of first name or nickname, or for
correction of erroneous entry concerning the day and month in the date of birth or the sex of
a person, as the case may be, shall be published at least once a week for two (2)
consecutive weeks in a newspaper of general circulation.

Furthermore, the petitioner shall submit a certification from the appropriate law
enforcements, agencies that he has no pending case or no criminal record.

The petition and its supporting papers shall be filed in three (3) copies to be distributed as
follows: first copy to the concerned city or municipal civil registrar, or the consul general;
second copy to the Office of the Civil Registrar General; and third copy to the petitioner."

Section 4. Section 8 of the Act is hereby amended to read as follows:

"SEC. 8. Payment of Fees. – The city or municipal civil registrar or the consul general shall
be authorized to collect reasonable fees as a condition for accepting the petition. An indigent
petitioner shall be exempt from the payment of the said fee.

The fees collected by the city or municipal civil registrar or the consul general pursuant to
this Act shall accrue to the funds of the Local Civil Registry Office concerned or the Office of
the Consul General for modernization of the office and hiring of new personnel and
procurement of supplies, subject to government accounting and auditing rules."

Section 5. Separability Clause. – If any provision of this Act shall at any time be found to be
unconstitutional or invalid, the remainder thereof not affected by such declaration shall remain in full
force and effect.

Section 6. Repealing Clause. – Any laws, decrees, rules or regulations inconsistent with the
provisions of this Act are hereby repealed or modified accordingly.

Section 7. Effectivity Clause. – This Act shall take effect fifteen (15) days after its publication in
the Official Gazette or in at least two (2) newspapers of general circulation.

Approved,
REPUBLIC ACT No. 11222

An Act Allowing the Rectification of Simulated Birth Records and Prescribing Administrative
Adoption Proceedings for the Purpose

Be it enacted by the Senate and House of Representatives of the Philippine Congress Assembled:

ARTICLE I
GENERAL PROVISIONS

Section 1. Short Title. - This Act shall be known as the "Simulated Birth Rectification Act".

Section 2. Objectives. - This Act shall have the following objectives:

(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 this Act: Provided, That a petition for adoption with
an application for the rectification of the simulated birth record is filed within ten (10) years
from the effectivity of this Act;

(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 the effectivity of this 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 3. Definition of Terms. - As used in this Act:

(a) Certification Declaring a Child Legally Available for Adoption (CDCLAA) refers to a
document issued by the Secretary of the Department of Social Welfare and Development
(DSWD) or the Secretary’s duly authorized representative as provided for by Republic Act
No. 9523, otherwise known as "An Act Requiring Certification of the Department of Social
Welfare and Development (DSWD) to Declare a ‘Child Legally Available for Adoption’ as a
Prerequisite for Adoption Proceedings, Amending for this Purpose Certain Provisions of
Republic Act No. 8552, otherwise known as the Domestic Adoption Act of 1998; Republic Act
No. 8043, otherwise known as the Inter-Country Adoption Act of 1995; and Presidential
Decree No. 603, otherwise known as the Child and Youth Welfare Code, and for Other
Purposes", administratively declaring that a child is legally available for adoption which
terminates the rights of the biological parents, guardian, or other custodian to exercise
authority over the child upon issuance of the certificate;
 (b) Child refers to a person below eighteen (18) years of age, or a person eighteen (18)
years of age 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;

(c) Foundling refers to a child who is abandoned and whose parentage is unknown;

(d) Regional Director refers to the head of a field office of the DSWD;

(e) Secretary refers to the Secretary of the DSWD;

(f) Simulation of birth record refers to the tampering of the civil registry 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; and

(g) Social Welfare and Development Officer refers to the head of a city or municipal social
welfare and development office, which serves as the frontline of a city or municipal
government in the delivery of social welfare and development programs and services.

ARTICLE II
RECTIFICATION OF SIMULATED BIRTHS

Section 4. Rectification of Simulated Birth Record. - Notwithstanding any provision of law to the
contrary, a person or persons who, prior to the effectivity of this Act, 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, 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: Provided, further, That such person or persons
has or have filed a petition for adoption with an application for the rectification of the simulated birth
record within ten (10) years from the effectivity of this Act: Provided, finally, That all the benefits of
this Act shall also apply to adult adoptees.

Section 5. Administrative Adoption and Rectification. - A person or persons who simulated the birth
of a child under the conditions provided under Section 4 of this Act may avail of administrative
proceedings for the adoption and rectification of the simulated birth record of such
child: Provided, That the child has been living with the person for at least three (3) years before the
effectivity of this Act: Provided, further, That a certificate declaring the child legally available for
adoption (CDCLAA) is issued by the DSWD in favor of such child.

Section 6. Inadmissible Evidence. - All petitions, documents, records, and papers relating to
adoption and rectification of simulated births under this 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 proceeding.

ARTICLE III
ADDITIONAL REQUIREMENTS FOR ADMINISTRATIVE ADOPTION

Section 7. Personal Qualifications. - Adopters must:

(a) Be Filipino citizens;

 (b) Be of legal age;

(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 and care for the child 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 at least three (3)
continuous years prior to the filing of the petition for adoption and application for rectification of
simulated birth record.

Section 8. 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 adoptee, if ten (10) years of age or over;

(b) The legitimate and adopted daughters and sons, ten (10) years of age or over, of the
adopter and adoptee, if any;

(c) The illegitimate daughters and sons, ten (10) years of age or over, of the adopter if living
with said adopter and the latter’s spouse, if any; and

(d) The spouse, if any, of the adoptee. 1âwphi1

ARTICLE IV
ADMINISTRATIVE ADOPTION PROCEDURE

Section 9. Petition. - The petition for adoption with an application for rectification of simulated birth
record shall be in the form of an affidavit and shall be subscribed and sworn to by the petitioner or
petitioners 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. The petition shall be supported by the following:

(a) A copy of simulated birth or foundling certificate of the child;

(b) Affidavit of admission if the simulation of birth was done by a third person;

(c) Certification issued and signed by the punong barangay attesting that the petitioner or
petitioners is a resident or are residents of the barangay, and that the child has been living
with the petitioner or petitioners for at least three (3) years prior to the effectivity of this Act;

(d) 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 for at least
three (3) years prior to the effectivity of this Act;
 (e) CDCLAA issued by the DSWD; and

(f) Photographs of the child and the petitioner or petitioners taken within the last three (3)
months prior to the filing of the petition.

A CDCLAA shall no longer be required if the adoptee is already an adult or a relative of the adopter
within the fourth degree of consanguinity or affinity.

Section 10. Adoption Process. - The petition shall be filed with the Office of the Social Welfare and
Development Officer (SWDO) of the city or municipality where the child resides. The SWDO shall
have seven (7) days to examine the petition and its supporting documents and determine whether
the same 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 the petition sufficient in form and substance, the SWDO shall
forward the petition and the supporting documents within three (3) days to the Regional Director.

The Regional Director shall review the petition, establish the identity of the child, and prepare the
recommendation on the petition not later than thirty (30) days from receipt thereof. The Regional
Director may require the petitioner to submit additional information or evidence 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 on hand.

The Regional Director shall transmit to the Secretary the recommendation on the petition together
with a copy of the petition and supporting documents.

The Secretary shall act and decide on the petition within thirty (30) days from receipt of the
recommendation of the Regional Director.

Section 11. Order of Adoption. - If the Secretary determines that the adoption shall redound to the
best interest of the child, an order of adoption shall be issued which shall take effect on the date the
petition was filed with the Office of the SWDO, even if the petitioner dies before its issuance.

The order of adoption shall state the name by which the adoptee shall be known and shall likewise
direct the:

(a) Cancellation of the simulated birth record of the child;

(b) Issuance of the rectified birth record bearing the names of the biological parents of the
child or the issuance of a foundling certificate; and

(c) Issuance of a new birth certificate.

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".

Section 12. Civil Registry Record. - The Secretary shall immediately transmit the order of adoption
to the concerned DSWD Regional Office, which shall in turn provide copies to the petitioners, the
concerned agencies and the appropriate local civil registrar.
The Local Civil Registrar shall stamp the simulated birth record "cancelled" with an annotation of the
issuance of a new rectified certificate of birth in its place. The rectified birth certificate bearing the
names of the biological parents of the child or the foundling certificate shall then likewise be stamped
"cancelled" with the annotation of the issuance of a new birth record in its place, and shall be sealed
in the civil registry records. Thereafter, the Local Civil Registrar shall record, register, and issue a
new certificate of birth which shall not bear any notation that it is a new or amended issue.

Section 13. Socialized Fees. - The city or municipal SWDO, the Regional Director, and the Office of
the Local Civil Registrar may charge socialized fees to those who avail of the administrative adoption
proceedings under this Act. Fees shall be waived if the petitioner is indigent.

Section 14. Confidentiality. - All petitions, documents, records, and papers relating to administrative
adoption proceedings in the files of the city or municipal SWDOs, the DSWD central and field offices,
or any other agency or institution participating in such proceedings shall be strictly confidential.

The disclosure of any information shall be allowed only upon the written request of the adoptee or in
the case of a minor adoptee, her or his guardian. 1âwphi 1

ARTICLE V
EFFECTS OF ADMINISTRATIVE ADOPTION

Section 15. Legitimacy. - The adoptee shall be considered the legitimate daughter or son of the
adopter for all intents and purposes and as such is entitled to all the rights and obligations provided
by law to legitimate daughters or sons born to them without discrimination of any kind. To this end,
the adoptee is entitled to love, guidance, and support in keeping with the means of the family.

Section 16. Parental Authority. - Except where a biological parent is the spouse of the adopter, all
legal ties between the biological parents and the adoptee shall be severed and the same shall then
be vested in the adopter.

Section 17. 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 her or his biological parents left a will, the law on testamentary succession shall govern.

ARTICLE VI
RESCISSION OF ADMINISTRATIVE ADOPTION

Section 18. 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 19. Rescission of Administrative Adoption. - The process for administrative adoption as
provided under Section 10 of this 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. 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 20. 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 the 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 VII
VIOLATIONS AND PENALTIES

Section 21. 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
(₱200,000.00) 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 VIII
FINAL PROVISIONS

Section 22. Information Dissemination. - The DSWD, in coordination with the Department of the
Interior and Local Government (DILG), the Department of Education (DepEd), the Department of
Health (DOH), 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 this Act and its implementation.
Section 23. Implementing Rules and Regulations. - The Secretary, after due consultation with the
PSA, the DILG, the Department of Justice (DOJ), and the CWC, together with representatives from
the Association of Local Civil Registrars, child-caring and child-placing agencies, and child’s rights
civil society organizations, shall issue rules and regulations for the effective implementation of this
Act within sixty (60) days from its effectivity.

Section 24. Repealing Clause. - Section 22 of Republic Act No. 8552 is hereby repealed. All other
laws, decrees, letters of instruction, executive issuances, resolutions, orders or parts thereof which
are inconsistent with the provisions of this Act are hereby repealed, modified, or amended
accordingly.

Section 25. Separability Clause. - If any provision or part of this Act is declared unconstitutional or
invalid, the remaining parts or provisions not affected shall remain in full force and effect.

Section 26. Effectivity. - This Act shall take effect fifteen (15) days after its publication in the Official
Gazette or in a newspaper of general circulation.

Approved,