Republic Act No.

9523 March 12, 2009

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, PRESIDENTIAL DECREE NO. 603,
OTHERWISE KNOWN AS THE CHILD AND YOUTH WELFARE CODE, AND FOR OTHER
PURPOSES

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

assembled::

Section 1. Declaration of Policy. It is hereby declared the policy of the State that alternative
protection and assistance shall be afforded to every child who is abandoned, surrendered, or
neglected. In this regard, the State shall extend such assistance in the most expeditious manner in
the interest of full emotional and social development of the abandoned, surrendered, or neglected
child.

It is hereby recognized that administrative processes under the jurisdiction of the Department of
Social Welfare and Development for the declaration of a child legally available for adoption of
abandoned, surrendered, or neglected children are the most expeditious proceedings for the best
interest and welfare of the child.

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

(1) Department of Social Welfare and Development (DSWD) is the agency charged to
implement the provisions of this Act and shall have the sole authority to issue the certification
declaring a child legally available for adoption.

(2) Child refers to a person below eighteen (18) years of age or a person over eighteen (18)
years of age but is unable to fully take care of him/herself or protect himself/herself from
abuse, neglect, cruelty, exploitation, or discrimination because of physical or mental disability
or condition.

(3) Abandoned Child refers to a child who has no proper parental care or guardianship, or
whose parent(s) have deserted him/her for a period of at least three (3) continuous months,
which includes a founding.

(4) Neglected Child refers to a child whose basic needs have been deliberately unattended
or inadequately attended within a period of three (3) continuous months. Neglect may occur
in two (2) ways:

(a) There is physical neglect when the child is malnourished, ill-clad, and without
proper shelter. A child is unattended when left by himself/herself without proper
provisions and/or without proper supervision.

(b) There is emotional neglect when the child is maltreated, raped, seduced,
exploited, overworked, or made to work under conditions not conducive to good
 health; or is made to beg in the streets or public places; or when children are in moral
danger, or exposed to gambling, prostitution, and other vices.

(5) Child Legally Available for Adoption refers to a child in whose favor a certification was
issued by the DSWD that he/she is legally available for adoption after the fact of
abandonment or neglect has been proven through the submission of pertinent documents, or
one who was voluntarily committed by his/her parent(s) or legal guardian.

(6) Voluntarily Committed Child is one whose parent(s) or legal guardian knowingly and
willingly relinquished parental authority to the DSWD or any duly accredited child-placement
or child-caring agency or institution.

(7) Child-caring agency or institution refers to a private non-profit or government agency duly
accredited by the DSWD that provides twenty-four (24) hour residential care services for
abandoned, neglected, or voluntarily committed children.

(8) Child-placing agency or institution refers to a private non-profit institution or government

agency duly accredited by the DWSD that receives and processes applicants to become
foster or adoptive parents and facilitate placement of children eligible for foster care or
adoption.

(9) Petitioner refers to the head or executive director of a licensed or accredited child-caring
or child-placing agency or institution managed by the government, local government unit,
non-governmental organization, or provincial, city, or municipal Social Welfare Development
Officer who has actual custody of the minor and who files a certification to declare such child
legally available for adoption, or, if the child is under the custody of any other individual, the
agency or institution does so with the consent of the child's custodian.

(10) Secretary refers to the Secretary of the DSWD or his duly authorized representative.

(11) Conspicuous Place shall refer to a place frequented by the public, where by notice of
the petition shall be posted for information of any interested person.

(12) Social Case Study Report (SCSR) shall refer to a written report of the result of an
assessment conducted by a licensed social worker as to the social-cultural economic
condition, psychosocial background, current functioning and facts of abandonment or neglect
of the child. The report shall also state the efforts of social worker to locate the child's
biological parents/relatives.

Section 3. Petition. The petition shall be in the form of an affidavit, subscribed and sworn to
before any person authorized by law to administer oaths. It shall contain facts necessary to establish
the merits of the petition and shall state the circumstances surrounding the abandonment or neglect
of the child.

The petition shall be supported by the following documents:

(1) Social Case Study Report made by the DSWD, local government unit, licensed or
accredited child-caring or child-placing agency or institution charged with the custody of the
child;
 (2) Proof that efforts were made to locate the parent(s) or any known relatives of the child.
The following shall be considered sufficient:

(a) Written certification from a local or national radio or television station that the
case was aired on three (3) different occasions;

(b) Publication in one (1) newspaper of general circulation;

(c) Police report or barangay certification from the locality where the child was found
or a certified copy of a tracing report issued by the Philippine National Red Cross
(PNRC), National Headquarters (NHQ), Social Service Division, which states that
despite due diligence, the child's parents could not be found; and

(d) Returned registered mail to the last known address of the parent(s) or known
relatives, if any.

(3) Birth certificate, if available; and

(4) Recent photograph of the child and photograph of the child upon abandonment or
admission to the agency or institution.

Section 4. Procedure for the Filing of the Petition. The petition shall be filed in the regional
office of the DSWD where the child was found or abandoned.

The Regional Director shall examine the petition and its supporting documents, if sufficient in form
and substance and shall authorize the posting of the notice of the petition conspicuous place for five
(5) consecutive days in the locality where the child was found.

The Regional Director shall act on the same and shall render a recommendation not later than five
(5) working days after the completion of its posting. He/she shall transmit a copy of his/her
recommendation and records to the Office of the Secretary within forty-eight (48) hours from the
date of the recommendation.

Section 5. Declaration of Availability for Adoption. Upon finding merit in the petition, the
Secretary shall issue a certification declaring the child legally available for adoption within seven (7)
working days from receipt of the recommendation.

Said certification, by itself shall be the sole basis for the immediate issuance by the local civil
registrar of a foundling certificate. Within seven (7) working days, the local civil registrar shall
transmit the founding certificate to the National Statistic Office (NSO).

Section 6. Appeal. The decision of the Secretary shall be appealable to the Court of Appeals
within five (5) days from receipt of the decision by the petitioner, otherwise the same shall be final
and executory.

Section 7. Declaration of Availability for Adoption of Involuntarily Committed Child and

Voluntarily Committed Child. The certificate declaring a child legally available for adoption in
case of an involuntarily committed child under Article 141, paragraph 4(a) and Article 142 of
Presidential Decree No. 603 shall be issued by the DSWD within three (3) months following such
involuntary commitment.
In case of voluntary commitment as contemplated in Article 154 of Presidential Decree No. 603, the
certification declaring the child legally available for adoption shall be issued by the Secretary within
three (3) months following the filing of the Deed of Voluntary Commitment, as signed by the
parent(s) with the DSWD.

Upon petition filed with the DSWD, the parent(s) or legal guardian who voluntarily committed a child
may recover legal custody and parental authority over him/her from the agency or institution to which
such child was voluntarily committed when it is shown to the satisfaction of the DSWD that the
parent(s) or legal guardian is in a position to adequately provide for the needs of the child: Provided,
That, the petition for restoration is filed within (3) months after the signing of the Deed of Voluntary
Commitment.

Section 8. Certification. The certification that a child is legally available for adoption shall be
issued by the DSWD in lieu of a judicial order, thus making the entire process administrative in
nature.

The certification, shall be, for all intents and purposes, the primary evidence that the child is legally
available in a domestic adoption proceeding, as provided in Republic Act No. 8552 and in an inter-
country adoption proceeding, as provided in Republic Act No. 8043.

Section. 9. Implementing Rules and Regulations. The DSWD, together with the Council for
Welfare of Children, Inter-Country Adoption Board, two (2) representatives from licensed or
accredited child-placing and child-caring agencies or institution, National Statistics Office and Office
of the Civil Registrar, is hereby tasked to draft the implementing rules and regulations of this Act
within sixty (60) days following its complete publication.

Upon effectivity of this Act and pending the completion of the drafting of the implementing rules and
regulations, petitions for the issuance of a certification declaring a child legally available for adoption
may be filled with the regional office of the DSWD where the child was found or abandoned.

Section 10. Penalty. The penalty of One hundred thousand pesos (P100,000.00) to Two hundred
thousand pesos (P200,000.00) shall be imposed on any person, institution, or agency who shall
place a child for adoption without the certification that the child is legally available for adoption
issued by the DSWD. Any agency or institution found violating any provision of this Act shall have its
license to operate revoked without prejudice to the criminal prosecution of its officers and
employees.

Violation of any provision of this Act shall subject the government official or employee concerned to
appropriate administrative, civil and/or criminal sanctions, including suspension and/or dismissal
from the government service and forfeiture of benefits.

Section 11. Repealing Clause. Sections 2(c)(iii), 3(b), (e) and 8(a) of Republic Act No. 8552,
Section 3(f) of Republic Act No. 8043, Chapter 1 of Title VII, and VIII of Presidential Decree No. 603
and any law, presidential decree, executive order, letter of instruction, administrative order, rule, or
regulation contrary to or inconsistent with the provisions of this Act are hereby reprealed, modified or
amended accordingly.

Section 12. Separability Clause. If any provision of this Act is held invalid or unconstitutional, the
other provisions not affected thereby shall remain valid and subsisting.

Section 13. Effectivity. This Act shall take effect fifteen (15) days following its complete
publication in two (2) newspapers of general circulation or in the Official Gazette.
REPUBLIC ACT NO. 10165 June 11, 2012

AN ACT TO STRENGTHEN AND PROPAGATE FOSTER CARE AND TO PROVIDE FUNDS

THEREFOR

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

assembled:

ARTICLE I
GENERAL PROVISIONS

Section 1. Title. This Act shall be known as the "Foster Care Act of 2012."

Section 2. Declaration of Policy. Article XV of the Constitution provides that the State shall defend
the right of children to assistance, including proper care and nutrition, and special protection from all
forms of neglect, abuse, cruelty, exploitation or other conditions prejudicial to their development.

It is hereby declared the policy of the State to provide every child who is neglected, abused,
surrendered, dependent, abandoned, under sociocultural difficulties, or with special needs with an
alternative family that will provide love and care as well as opportunities for growth and
development.

The State shall guarantee that all the lights of the child enumerated under Article 3 of Presidential
Decree No. 603, otherwise known as "The Child and Youth Welfare Code", as amended, and the
rights found under Article 20 of the United Nations Convention on the Rights of the Child shall be
observed.

The State recognizes that in most cases, a child will benefit more from foster care than institutional
care. Towards this end, the State shall systematize and enhance the foster care program in the
country. It shall ensure that the foster family shall provide a wholesome atmosphere to the foster
child. Further to this end, the State recognizes that foster care is an important step towards the
childs return and reintegration to his biological parents or placement with an adoptive family.

The State shall also protect the rights of the biological child of the foster family and ensure that in no
case shall the child be disadvantaged as a result of the placement of a foster child.

In all cases, the childs right to health shall be upheld and protected.

Section 3. Definition of Terms. For purposes of this Act, the following terms are defined:

(a) Agency refers to any child-caring or child-placing institution licensed and accredited by
the Department of Social Welfare and Development (DSWD) to implement the foster care
program.

(b) Child refers to a person below eighteen (18) years of age, or one who is over eighteen
(18) but is unable to fully take care of or protect oneself from abuse, neglect, cruelty,
exploitation or discrimination because of a physical or mental disability or condition.

(c) Child Case Study Report refers to a written report prepared by a social worker containing
all the necessary information about a child.
 (d) Child with Special Needs refers to a child with developmental or physical disability.

(e) Family refers to the parents or brothers and sisters, whether of the full or half-blood, of
the child.

(f) Foster Care refers to the provision of planned temporary substitute parental care to a child
by a foster parent.

(g) Foster Child refers to a child placed under foster care.

(h) Foster Family Care License refers to the document issued by the DSWD authorizing the
foster parent to provide foster care.

(i) Foster Parent refers to a person, duly licensed by the DSWD, to provide foster care.

(j) Foster Placement Authority (FPA) refers to the document issued by the DSWD authorizing
the placement of a particular child with the foster parent.

(k) Home Study Report refers to a written report prepared by a social worker containing the
necessary information on a prospective parent or family member.

(l) Matching refers to the judicious pairing of a child with foster parent and family members
based on the capacity and commitment of the foster parent to meet the individual needs of
the particular child and the capacity of the child to benefit from the placement.

(m) Parent refers to the biological or adoptive parent or legal guardian of a child.

(n) Placement refers to the physical transfer of the child with the foster parent.

(o) Relatives refer to the relatives of a child, other than family members, within the fourth
degree of consanguinity or affinity.

(p) Social Worker refers to the registered and licensed social worker of the DSWD, local
government unit (LGU) or agency.

ARTICLE II
ELIGIBILITY

Section 4. Who May Be Placed Under Foster Care. The following may be placed in foster care:

(a) A child who is abandoned, surrendered, neglected, dependent or orphaned;

(b) A child who is a victim of sexual, physical, or any other form of abuse or exploitation;

(c) A child with special needs;

(d) A child whose family members are temporarily or permanently unable or unwilling to
provide the child with adequate care;

(e) A child awaiting adoptive placement and who would have to be prepared for family life;
 (f) A child who needs long-term care and close family ties but who cannot be placed for
domestic adoption;

(g) A child whose adoption has been disrupted;

(h) A child who is under socially difficult circumstances such as, but not limited to, a street
child, a child in armed conflict or a victim of child labor or trafficking;

(i) A child who committed a minor offense but is released on recognizance, or who is in
custody supervision or whose case is dismissed; and

(j) A child who is in need of special protection as assessed by a social worker, an agency or
the DSWD.

Provided, That in the case of (b), (c), (f), (h), (i), and (j), the child must have no family willing and
capable of caring and providing for him.

Section 5. Who May Be a Foster Parent. An applicant who meets all of the following qualifications
may be a foster parent:

(a) Must be of legal age;

(b) Must be at least sixteen (16) years older than the child unless the foster parent is a
relative;

(c) Must have a genuine interest, capacity and commitment in parenting and is able to
provide a familial atmosphere for the child;

(d) Must have a healthy and harmonious relationship with each family member living with him
or her;

(e) Must be of good moral character;

(f) Must be physically and mentally capable and emotionally mature;

(g) Must have sufficient resources to be able to provide for the familys needs;

(h) Must be willing to further hone or be trained on knowledge, attitudes and skills in caring
for a child; and

(i) Must not already have the maximum number of children under his foster care at the time
of application or award, as may be provided in the implementing rules and regulations (IRR)
of this Act.

Provided, That in determining who is the best suited foster parent, the relatives of the child shall be
given priority, so long as they meet the above qualifications: Provided, further, That an alien
possessing the above qualifications and who has resided in the Philippines for at least twelve (12)
continuous months and maintains such residence until the termination of placement by the DSWD or
expiration of the foster family license, may qualify as a foster parent.
 ARTICLE III
PARENTAL AUTHORITY OF FOSTER PARENTS

Section 6. Parental Authority of a Foster Parent. Foster parents shall have the rights, duties and
liabilities of persons exercising substitute parental authority, as may be provided under the Family
Code over the children under their foster care.

Section 7. Limitations on Parental Authority of Foster Parents. Foster parents shall only have the
rights of a person with special parental authority to discipline the foster children as defined under
Section 233 of the Family Code, insofar as it prohibits the infliction of corporal punishment upon the
child.

ARTICLE IV
PROCEDURE

Section 8. Recruitment and Development of Foster Parents. To recruit applications for foster care,
the DSWD shall reach out to various communities and LGUs and work preferably with the Local
Council for the Protection of Children (LCPC).

Section 9. Submission of Home Study Report. The social worker shall make a detailed Home
Study Report of an applicants background and circumstances, carried out in a series of planned
visits and interviews, in order to determine if the applicant meets the basic requirements for foster
care and is suitable to become a foster parent.

Section 10. Issuance of License. The DSWD shall issue a Foster Family Care License based on
the Home Study Report submitted by the agency to determine the motivations, capacities and
potentials for development of applicants. The license is renewable every three (3) years unless
earlier revoked by the DSWD.

Section 11. Matching. Matching shall be done by the agency only after the child case study and
the home study have been conducted, save for exceptions to be determined by the DSWD, taking
into consideration the best interests of the child.

The child case study report shall establish the needs of the child for consideration in the selection of
the foster parent. Likewise, the Home Study Report shall establish said foster parents capacity and
resources to provide a safe, secure and losing home to the child.

Section 12. Placement. The physical transfer of the child to the foster parent shall be allowed only
after the FPA has been issued, save for exceptions to be determined by the DSWD, taking into
consideration the best interest of the child.

Section 13. Supervision of Foster Placement. Supervised foster placement begins as soon as the
foster parent receives the child into his care. During the foster placement, the social worker shall
conduct regular home visits to monitor the childs adjustment in the foster home and shall submit
progress reports to the DSWD.

In case of incident, injury or death of a foster child, or if he runs away or gets lost, such case shall be
reported immediately to the agency, which, in turn, shall immediately report the same to the DSWD.

Section 14. Termination of Placement. Termination of placement shall be done by the DSWD,
upon recommendation of the agency, on the following grounds:
 (a) Return of the child to biological parents;

(b) Placement for adoption of the child;

(c) Death of the child;

(d) Death of both foster parents;

(e) Expiration of the FPA; and

(f) In all cases where placement becomes prejudicial to the welfare of the child, such as, but
not limited to, abandonment, maltreatment, sexual assault, violence or other forms of abuse.

Provided, That in the case of (f), the foster child, with the assistance of a registered social worker,
shall have the option to apply for termination of placement.

ARTICLE V
LONG-TERM FOSTER PLACEMENT

Section 15. Long-Term Foster Placement Authority. If a child has been under the care of a foster
parent for a period of at least seven (7) years, the said foster parent may apply for Long-Term Foster
Placement Authority (LTFPA), subject to the following conditions:

(a) The childs return to his biological parents or placement in an adoptive family is not
imminent;

(b) The foster parent continues to possess the qualifications required under tins Act and a
valid foster family care license for the entire duration of the foster care;

(c) The child, if ten (10) years of age or over, duly assisted by a social worker, gives written
consent for long-term stay with the foster parent; and

(d) Aside from the regular monitoring visits, the DSWD shall reassess and reevaluate the
foster home situation every three (3) years, to determine whether it is in the best interest of
the child to continue living in the foster home on a long-term basis.

LTFPA grants the foster parent custody over the foster child without the requirement of the
eventuality of adoption of the latter by the former. During this period, the foster child shall enjoy the
rights of a child under Article 3 of the Child and Youth Welfare Code, and under other laws:
Provided, That there shall be no mandatory rights of succession in favor of the foster child.

Section 16. Long-Term Foster Care Commitment. Taking into consideration the stability and best
interest of the foster child, a foster parent, who unilaterally terminates the LTFPA before the foster
child reaches the age of majority or finishes tertiary education, shall make provisions for the
education and basic needs of the foster child, in accordance with the standards in which the child
has been raised or has become accustomed to, within the said period: Provided, That the faster
parent has the means to support the foster child in keeping with the financial capacity of the family.

ARTICLE VI
ADOPTION OF A FOSTER CHILD
Section 17. Conditions. A foster parent may adopt his foster child subject to the following
conditions:

(a) The foster parent must have all the qualifications as provided for by Republic Act No.
8552, otherwise known as the Domestic Adoption Act of 1998 or Republic Act No. 8043,
otherwise known as the Inter-Country Adoption Act of 1995, as the case may be;

(b) The trial custody, as required in adoption, may be waived: Provided, That a harmonious
relationship exists between the child and his foster parent and family members; and

(c) The procedures for adoption, for purposes of this Act, shall be governed by Domestic
Adoption Act of 1998 or Inter-Country Adoption Act of 1995, as the case may be.

ARTICLE VII
LOCAL GOVERNMENT UNITS

Section 18. Role of Local Government Units (LGUs). LGUs shall promote the foster care system
in their respective territorial jurisdictions.

Section 19. Funding. In accordance with the Local Government Code, LGUs shall primarily be
responsible for social welfare services which include foster care programs. However, the national
government shall provide financial support, priority given to third (3 rd), fourth (4 th) and fifth (5 th)
class municipalities.1wphi1

Section 20. Seminars and Trainings. The DSWD, in coordination with the Department of the
Interior and Local Government (DILG), is hereby mandated to develop and provide programs to
ensure the awareness and responsiveness of local government officials in the promotion and
development of the foster care system in every city, municipality or barangay.

ARTICLE VIII
ASSISTANCE AND INCENTIVES

Section 21. Assistance to a Foster Child.

(a) Foster Child Subsidy. A foster child, through the agency, shall be entitled to a monthly
subsidy from the DSWD, subject to existing government auditing rules and regulations. The
subsidy is primarily aimed at supporting the expenses of the child to lessen the financial
burden on the foster parent: Provided, That support may be waived if the foster parent is
capable of supporting the foster child.

(b) Health Insurance. A foster child shall automatically be a PhilHealth beneficiary of the
foster parent and as such, entitled to health insurance benefits. If the foster parent is not a
PhilHealth member, he must seek enrollment with PhilHealth. LGUs and agencies shall
provide assistance to the foster parents to ensure enrollment.

Section 22. Assistance and Incentives to Foster Parent.

(a) Support Care Services. The DSWD, the social service units of LGUs and agencies shall
provide support care services to include, but not limited to, counseling, visits, training on
child care and development, respite care, skills training and livelihood assistance.
 (b) Additional Exemption for Dependents. For purposes of claiming the Twenty-five
thousand pesos (PhP 25,000.00) additional exemption for foster parents for each dependent
not exceeding four (4) as provided for by Republic Act No. 9504, the definition of the term
"dependent" under Section 35(B) of the National Internal Revenue Code (NIRC) of 1997
shall be amended to include "foster child": Provided, That all other conditions provided for
under the aforesaid section of the NIRC of 1997 must be complied with: Provided, further.
That this additional exemption shall be allowed only if the period of foster care is at least a
continuous period of one (1) taxable year.

For purposes of this section, only one (1) foster parent can treat the foster child as a dependent for a
particular taxable year. As such, no other parent or foster parent can claim the said child as a
dependent for that period.

Section 23. Incentives to Agencies. Agencies shall be entitled to the following tax incentives:

(a) Exemption from Income Tax. Agencies shall be exempt from income tax on the income
derived by it as such organization pursuant to Section 30 of the NIRC of 1997, as
implemented by Revenue Regulation (RR) No. 13-98; and

(b) Qualification as a Donee Institution. Agencies can also apply for qualification as a
donee institution.

Section 24. Incentives to Donors. Donors of an agency shall be entitled to the following:

(a) Allowable Deductions. Donors shall be granted allowable deductions from its gross
income to the extent of the amount donated to agencies in accordance with Section 34(H) of
the NIRC of 1997; and

(b) Exemption from Donors Tax. Donors shall be exempted from donors tax under Section
101 of the NIRC of 1997: Provided, That not more than thirty percent (30%) of the amount of
donations shall be spent for administrative expenses.

ARTICLE IX
PENALTIES

Section 25. Penalties.

(a) Any foster parent, found to be committing any act of neglect, abuse, cruelty, or
exploitation and other similar acts prejudicial to the childs development, shall be penalized in
accordance with Republic Act No. 7610, otherwise known as "An Act Providing For Stronger
Deterrence and Special Protection Against Child Abuse, Exploitation and Discrimination,
Providing For Its Violation, and For Other Purposes", and other applicable laws.

(b) An agency which violates Sections 11, 12, 13 or any other provision of this Act and its
IRR shall suffer the following penalties:

(1) For the first violation, a fine of not less than Twenty-five thousand pesos (PhP
25,000.00) but not exceeding Fifty thousand pesos (PhP 50,000.00); and
 (2) For any subsequent violation, a fine of not less than Fifty thousand pesos (PhP
50,000.00) but not exceeding One hundred thousand pesos (PhP 100,000.00), and
revocation of license to operate.

(c) Any person, natural or juridical, other than the foster parent or any agency, violating any
provision of this Act and its IRR shall be penalized with imprisonment of one (1) month to six
(6) years, depending on the gravity of the offense or a fine of not less than Ten thousand
pesos (Php 10,000.00) but not more than One hundred thousand pesos (PhP 100,000.00),
or both, at the discretion of the court.

(d) If the offender is a public official, the court may impose the additional penalty of
disqualification from office in addition to the penalties provided in the preceding paragraph.

ARTICLE X
FINAL PROVISIONS

Section 26. Foster Care Committee. The Regional Child Welfare Specialist Group of the DSWD
shall serve as the Foster Care Committee, which shall have the following functions:

(a) Review and deliberate issues affecting the placement of a particular child;

(b) Make recommendations to resolve any dispute between and among the agency, the
parents, the foster parents and the child;

(c) Monitor the implementation, review, and recommend changes in policies concerning
foster care and other matters related to the childs welfare;

(d) Submit to the Secretary of the DSWD and to Congress an annual report of the policies,
programs and activities relative to the implementation of this Act; and

(e) Perform such other functions and duties as may be prescribed by the DSWD.

Section 27. Appropriation. The amount necessary to carry out the provisions of this Act shall be
included in the General Appropriations Act of the year following its enactment into law and
thereafter. An initial amount of Twenty-five million pesos (PhP 25,000,000.00) shall be allocated for
the first year of its operation. Such sum shall be intended to support the foster care programs of the
DSWD and agencies.

Section 28. Implementing Rules and Regulations. The DSWD, as lead agency, the Department of
Justice (DOJ), the Department of Health (DOH), the Bureau of Internal Revenue (BIR), the Council
on Welfare of Children (CWC), the DILG and other concerned government agencies, in consultation
with agencies are hereby mandated to prepare and draft the IRR to operationalize the provisions of
this Act within (3) months from its effectivity.

Section 29. Suppletory Clause. The provisions of Executive Order No. 209, otherwise known as
the Family Code of the Philippines and other applicable laws, shall have suppletory application to
this Act.

Section 30. Repealing Clause. Any law, presidential decree, issuance, executive order, letter of
instruction, administrative order, rule and regulation contrary to or inconsistent with the provisions of
this Act is hereby repealed, modified or amended accordingly.
Section 31. Separability Clause. If any provision of this Act is held invalid or unconstitutional, the
other provisions not affected hereby shall remain valid and subsisting.

Section 32. Effectivity. This Act shall take effect fifteen (15) days after its publication in two (2)
newspapers of general circulation or in the Official Gazette.

Approved,

(Sgd.) FELICIANO BELMONTE JR. (Sgd.) JUAN PONCE ENRILE

Speaker of the House of Representatives President of the Senate

This Act which is a consolidation of Senate Bill No. 2486 and House Bill No. 4481 was finally passed
by the Senate and the House of Representatives on March 21, 2012 .

(Sgd.) MARILYN B. BARUA-YAP (Sgd.) EMMA LIRIO-REYES

Secretary General Secretary of Senate
House of Representatives

Approved: JUN 11, 2012

(Sgd.) BENIGNO S. AQUINO III

President of the Philippines