I. The DSWD Legislative Information System
The DSWD Legislative Information System was conceptualized by the Department Legislative Liaison Office (DLLO) in November 2015 to facilitate access of the general public to the position papers prepared by the DSWD-DLLO in coordination with the Legislative Bill Review Committee (LBRC) members and other concerned Offices/Bureaus/Services/Units on legislative measures concerning the basic sectors it serves. The said system presents basic information on social welfare and development legislative measures and the Department’s official stand and recommendations.
DSWD’S LEGISLATIVE AGENDA IN THE 19TH CONGRESS
A. PRIORITY LEGISLATION
The Office/Bureau within the DSWD is the proponent that crafted the legislative measure or adopted the legislative measure introduced by the concerned legislator
1. Social Welfare and Development Agencies Bill;
2. Public Solicitation Bill;
3. Community-Driven and Development (CDD) Institutionalization Bill;
4. Crisis Intervention Program Bill; and
5. Child Support Responsibility Bill
B. SUPPORTED LEGISLATION
These are the supported Social Welfare and Development (SWD) Bills of the DSWD and the priority legislation of the Attached Agencies
B.1 DSWD’s Supported SWD Bills
1. Magna Carta of Child Development Workers Bill;
2. Amendments to 4Ps Law; and
3. Amendments to Republic Act No. 9433, Otherwise Known as the “Magna Carta for Public Social Workers”
B.2 Attached Agencies’ Priority Legislation
1. Council for the Welfare of Children (CWC)\
1.1 Magna Carta of Children;
1.2 Prevention of Child and Adolescent Pregnancy;
1.3 Internet and Digital Content Safety and Online Protection for Children;
1.4 Universal Civil Registry and Vital Statistics (CRVS) System;
1.5 Insurance for Infants (0-3 y/o): Proposed Amendment to Republic Act 10607, Otherwise Known as “The Insurance Code”;
1.6 Mental Health and Psychosocial Support Services for Children and Young Adolescents During Times of Public Health Emergency: Proposed Amendment to Republic Act No. 11036, Otherwise Known as the “Mental Health Act”;
1.7 Additional Protection to Women and Children: Proposed Amendment to Republic Act No. 8353, Otherwise Known as “Anti-Rape Law of 1997” and Republic Act No. 3815, Otherwise Known as “The Revised Penal Code”; and
1.8 Naturalization of Foreign Adoptees by Filipino Adopters: Proposed Amendment to Republic Act No. 9139, Otherwise Known as “The Administrative Naturalization Law of 2000”
2. National Authority for Child Care (NACC)
2.1 Amendments to Republic Act No. 11642, Otherwise Known as the “Domestic Administrative Adoption and Alternative Child Care Act”; and
2.2 Amendments to Republic Act No. 11767, Otherwise Known as the “Foundling Recognition and Protection Act”
3. Juvenile Justice and Welfare Council (JJWC)
Full implementation of Republic Act No. 9344 as amended by Republic Act No.10630 or the Juvenile Justice and Welfare Act as amended
4. National Council on Disability Affairs (NCDA)
4.1 Monthly Social Pension for Indigent Persons with Disability/Disability Support Fund Bill;
4.2 National Commission on Disability Affairs; and
4.3 Evacuation Center Bill
DSWD’S LEGISLATIVE AGENDA IN THE 19TH CONGRESS
July 2022 – June 2025
A. SUPPORTED LEGISLATION: These are the supported Social Welfare and Development (SWD) Bills of the DSWD and the priority legislation of the Attached Agencies
A.1 DSWD’s Supported SWD Bills
| Legislative Measures and Proponent | Salient Features | Justifications | Status | |
| 18th Congress (July 2019 – June 2022) | 19th Congress (July 2022 – June 2025) | |||
| SOCIAL WELFARE AND DEVELOPMENT AGENCIES (SWDAs) BILL Proponent: Standards Bureau | ❖ Seeks to strengthen DSWD’s regulatory functions over public and private individuals, agencies and organizations engaged in social welfare and development activities;
❖ Provides mechanism for sanctions in case of non-compliance with standards and procedures set by the DSWD; ❖ Grants benefits and incentives to registered, licensed and accredited SWDAs in recognition of their importance and invaluable contribution in social welfare and development; and ❖ Strengthens the DSWD-Standards Bureau which will be responsible in fulfilling the regulatory functions of the Department |
❖ The State shall ensure that Social Welfare and Development Programs and Services in the public and private sectors comply with national policies and standards while adhering to the principles of human rights.
❖ The bill seeks to strengthen the DSWD functions on regulations by establishing a comprehensive system for the registration and licensing of SWDAs and accreditation of social welfare and development programs and services. ❖ The bill seeks to strengthen the “public-private partnership”, which will signal trustworthiness and professionalism to possible donors/benefactors and the general public. |
Priority Legislation of the DSWD in the 18th Congress
HOR: Referred to the Committee on Social Services chaired by Representative Alfred Vargas PENDING on Second Reading since 10 March 2020 Senate: PENDING in the Committee on Social Justice, Welfare and Rural Development chaired by Senator Leila De Lima Not a priority of the Committee |
HOR: HBN 1328 (Rep. Felimon M. Espares)
PENDING in the Committee on Social Services chaired by Rep. Rosanna “Ria” Vergara since 01 August 2022 Senate: No counterpart bill |
| PUBLIC SOLICITATION BILL Proponent: Standards Bureau | ❖ Aims to protect the general public from unscrupulous solicitation by strengthening the system of granting permits for charitable and welfare purposes.
❖ Identifies the authority to issue permits, defines the modes of solicitation and prescribes penalty in soliciting funds without permit, among others. ❖ Covers new methodologies along with the conduct along with the conduct of public solicitation, i.e. online/virtual methods. ❖ Strengthens the penal provisions of the law. ❖ Exempts the duly licensed and accredited SWDAs with the permit for conduct of fund-raising activities. |
❖ The passage of a Public Solicitation Law will modernize the already outdated Presidential Decree 1564 to adapt to the changing environment.
❖ The regulation of public solicitation will help in monitoring organizations / individuals / associations that conduct solicitation activities and ensuring that the proceeds will be used for the intended beneficiaries. ❖ With the DSWD as the lead, the government can filter genuine organizations from bogus and illegal solicitations by syndicates and other similar groups. Many NGOs consider solicitations and donations as their bloodline and is essential in their daily activities. ❖ With the passage of this bill into law, the government will be able to ensure that even at the LGU-level, the conduct of fund-raising activity is regulated and that its accumulated funds shall be given to the intended beneficiaries – to the in-need Filipino people. ❖ The adoption of this bill into law will also restore confidence to Non-Government Organizations (NGOs) as partners of government in delivering social services to the Filipino people. |
Priority Legislation of the DSWD in the 18th Congress
HOR: Referred to the Committee on Social Services with Committee Report No. 261 recommending for the approval of HBN 6451 PENDING on Second Reading since 10 March 2020 Senate: PENDING in the Committee on Social Justice, Welfare and Rural Development Not a priority of the Committee |
No bills filed in both Houses of Congress |
| COMMUNITY-DRIVEN DEVELOPMENT (CDD) INSTITUTIONALIZATION BILL Proponent: KALAHI-CIDSS NCDDP NPMO | ❖ Institutionalizes the Community-Driven Development (CDD) Approach as a national strategy for community empowerment and inclusive development;
❖ Ensures the whole-of-government implementation of the CDD approach for all community-based programs, projects, and activities of the government through the creation of an inter-agency advisory council on CDD. ❖ Encourages participation in the planning, budgeting, and implementation of community identified programs, plans, and projects for its efficient and effective implementation |
❖ Through the CDD approach, KALAHI-CIDSS improved access to basic social services in some of the poorest and most marginalized communities in the country. Through community participation, high-quality infrastructures were established within or below planned costs.
❖ CDD institutionalization provides a national strategy and mechanism to ensure inclusive and sustainable growth by increasing community participation and improving government transparency and accountability especially in the implementation of community-based programs, projects, and activities. ❖ The CDD approach offers ready and available technologies that, through decades of implementation here and abroad, have been proven effective in stirring active and long-lasting citizen participation that leads to local and national development. |
Priority Legislation of the DSWD in the 18th Congress
HOR: APPROVED by the House Committee on Poverty Alleviation chaired by Representative Dahlia Loyola on 20 May 2021 but remains unacted by the Committee on Appropriations since 16 February 2021 Senate: PENDING in the Senate Committee on Social Justice, Welfare and Rural Development |
HOR:
HBN 443 (Rep. Maximo Dalog, Jr. HBN 500 (Reps. Edvic Yap, Eric Go Yap, Paulo Duterte, and Jeffrey Soriano) HBN 1910 (Rep. Lianda Bolilia) HBN 3008 (Rep. Rufus Rodriguez) HBN 3458 (Rep. Manuel Fortes) PENDING in the Committee on Poverty Alleviation chaired by Rep. Michael Romero since August 2022 Senate: No counterpart bill |
| CRISIS INTERVENTION PROGRAM BILL
Proponent: PMB-Crisis Intervention Division |
❖ Institutionalizes the Assistance to Individuals to Crisis Situation (AICS) Program.
❖ Creates the Crisis Intervention Program Management Office (CIPMO) under the DSWD. ❖ Establishes a national cross matching database for clients, including those receiving help from Malasakit Centers online and offline. ❖ Regularization of employees. ❖ Imposes penalties and sanctions for unlawful acts. |
❖ The program acts as a Social Protection and Safety Net that provides immediate intervention to the effects of economic shocks, disasters, and calamities specially on specific vulnerable groups.
❖ The available services of the program can be availed by various sectors, mostly catering those who are poor, vulnerable, marginalized, and disadvantaged. ❖ The program served 3,317,585 beneficiaries in 2021. Service to these clients was possible due to the continued availability and allocation of national funds. ❖ The program is being implemented in the 274 DSWD offices all over the country. The existing Information Communication Technology (ICT) equipment is outdated and could not meet the demands of the increasing clientele of the program. Given such conditions, the program is rendered susceptible to duplication of services. ❖ As of July 2022, out of the 2,125 implementers of the program who deliver administrative work and frontline services, only 60 (2.82%) are permanent and 10 (0.47%) are contractual. Unfortunately, the majority of the workforce are contract of service covering 1,938 (91.2%) while 116 (5.46%) are Job Order. ❖ The Commission on Audit-Department of Budget and Management Joint Circular No. 2 Series of 2020 provides that Contract of Service positions, or the 91.2% of the workforce of the program, may only be renewed until December 31, 2022. This implies that the majority of the workforce will be laid off for the following year. ❖ Since the program is highly accessible to various sectors, it is also highly susceptible to abuse and fraud such that there are numerous cases wherein client/s whether individual or by group have come up with different ways to commit fraudulent acts usually through fixers and falsification of documents. Strengthening the punitive enforcement of the law is vital in order to reduce or eliminate such acts. |
Not a Priority Legislation
HOR: APPROVED by the Committee on Social Services on 03 March 2020 Senate: No Senate Counterpart |
HOR:
HBN 498 (Rep. Stella Luz Quimbo) HBN 9998 (Rep. Rosemarie Panotes) HBN 1940 (Rep. Yedda Marie Romualdez) HBN 3386 (Rep. Keith Micah “Atty. Mike” Tan) PENDING in the Committee on Social Services since July 2022 Senate: No counterpart bill |
| CHILD SUPPORT RESPONSIBILITY ACT OF 2022
HBN 44 filed by Rep. Paul Daza, 1st District of Northern Samar as the Priority Bill of DSWD Proponent Bureau: PMB |
❖ Proposes more support to single parents by compelling non-custodial parents to contribute toward their child’s basic necessities.
❖ The bill will mandate the following:
|
❖ The passage of the bill is essential to reduce a situation where more and more children are in difficult, precarious, and financially insecure conditions caused by the absence or lack of support from absentee parents. | Not a Priority Legislation
HOR: HBN 7810 is pending with the Committee on Welfare of Children since 05 October 2020 Senate: No counterpart bill |
HOR:
HBN 44 (Rep. Paul Daza) PENDING in the Committee on the Welfare of Children since 26 July 2022 Senate: No counterpart bill |
B. SUPPORTED LEGISLATION: These are the supported Social Welfare and Development (SWD) Bills of the DSWD and the priority legislation of the Attached Agencies
B.1 DSWD’s Supported SWD Bills
| Legislative Measures and Proponent | Salient Features | Justifications | Status | |
| 18th Congress (July 2019 – June 2022) | 19th Congress (July 2022 – June 2025) | |||
| MAGNA CARTA OF CHILD DEVELOPMENT WORKERS BILL
HBN 3266 filed by Rep. Arlene Brosas, GABRIELA Party List as the Priority Bill of the DSWD The only comment of the Program Management Bureau (PMB) is on the provision of Free Legal Assistance as additional benefits to Child Development Workers. This assistance should not be made automatic and should have an exception, which will be read as follows: “Legal representation and consultation services for child development workers shall be immediately provided by the Public Attorney’s Office in civil and criminal cases filed by or against child development workers arising out of or in connection with the performance of their duties as such except when the alleged offense is a violation of Republic Act No. 7610 committed against children who are under the Child Development Worker’s care.” Proponent: PMB |
❖ Seeks to provide benefits and privileges to accredited Child Development Workers (CDWs).
❖ Provides training, education, career enhancement, and security of tenure for CDWs. |
❖ The passage of a Magna Carta of Child Development Workers is essential to the continuous development of our future leaders starting with children aged 0 – 4 years old.
❖ Studies have shown that early childhood care development programs help in increasing academic performance of these children that returns the investment of our government in the education system. Furthermore, early childhood development programs are also considered as essential in breaking the cycle of poverty among families. ❖ Once enacted, the Magna Carta of Child Development Workers will ensure the future of 11 million Filipinos aged 4 years and below while also giving security of tenure and benefits to 67,733 Child Development Workers currently employed by the government. |
Supported Legislation of the DSWD in the 18th Congress
HOR: PENDING in the Committee on Appropriations chaired by Rep. Eric Go Yap since 22 January 2020 Senate: PENDING in the Committee on Social Justice, Welfare and Rural Development since 24 July 2019 |
HOR:
HBN 2644 (Rep. Linabelle Ruth Villarica) HBN 3266 (Reps. Arlene Brosas, France Castro, and Raoul Danniel Manuel); HBN 3278 (Rep. Reynante Arrogancia) HBN 1902 (Rep. Jeyzel Victoria Yu) HBN 1199 (Rep. Marlyn Primicias-Agabas) HBN 1260 (Rep. Divina Grace Yu) HBN 1268 (Rep. Bernadette “BH” Herrera) HBN 1830 (Rep. Ray Florence Reyes) HBN 2023 (Rep. Bai Dimple Mastura) HBN 2247 (Rep. Stella Luz Quimbo) PENDING in the Committee on the Welfare of Children chaired by Rep. Angelica Natasha Co since August 2022 Senate: SBN 343 (Sen. Ma. Lourdes Nancy Binay) PENDING in the Committee on Social Justice, Welfare and Rural Development chaired by Sen. Imee Marcos since 08 August 2022 |
| AMENDMENTS TO 4Ps LAW
Proponent: Pantawid NPMO Republic Act No. 11310 or the “Pantawid Pamilyang Pilipino Program (4Ps) Act” was signed into law on 17 April 2019 by President Rodrigo Roa Duterte |
Proposed Salient Features: It seeks to amend Republic Act No. 11310 Otherwise Known as the “Pantawid Pamilyang Pilipino Program (4Ps) Act” to include the following provisions:
❖ Penalizing loan sharks that prey on 4Ps beneficiaries ❖ Livelihood as part of cash grants and program design ❖ Creation of 4Ps Office and positions to support 4Ps institutionalization ❖ Local Government Unit (LGU) support to 4Ps to sustain self-sufficiency\ |
❖ The proposed bill shall ensure proper utilization of grants, sanctions have to be imposed for every violation so that beneficiaries will recognize and prioritize the education and health of their children only through this program.
Cash card pawning, if left unabated, will proliferate and fast become a lucrative trade for loan sharks and middle persons, which will victimize 4Ps beneficiaries. ❖ More livelihood interventions needed to raise the well-being of 4Ps beneficiaries. With Sustainable Livelihood Program (SLP) insufficient to provide the needed livelihood interventions for the 4Ps beneficiaries and in light of SLPs’ devolution to the LGUs (arising from the Mandanas ruling), 4Ps has proposed an amount of 19.27 Billion pesos as livelihood assistance to the target 798,696 4Ps households, under FY 2023 Tier 2 proposal. The total amount is based on the approved cost parameter of SLP at PHP 24,131 per household (HH). Focusing SLP on these target households will raise the household well-being. ❖ Presently, there is a high caseload among 4Ps City/Municipal Links (C/MLs). The request for additional 9,315 C/MLs and SWAs positions will reduce the workload from one C/MLs from 800 HHs to 300 HHs. Case management of households require complementary staffing that possess the necessary professional competencies and commitment to public service delivery. |
Implementing Rules and Regulations was approved and signed in December 2019 by the DSWD, DOH, DepEd, DA, DOLE, DTI, DAR, DOST, and TESDA | No filed bills in both Houses of Congress |
| AMENDMENTS TO REPUBLIC ACT NO. 9433, OTHERWISE KNOWN AS THE “MAGNA CARTA FOR PUBLIC SOCIAL WORKERS” | ❖ Recognizes important role of public social workers in the country’s development effort and the risks they face as they perform their duties amid the pandemic.
❖ Increases the salary of public social workers by increasing the salary grade for entry-level positions (not lower than SG 13). ❖ Provides compensation packages for social workers, regardless of employment status. ❖ Expands the definition of public social workers, to include all registered social workers in the government services regardless of position title and employment status. |
❖ It is the right of social work practitioners in the public sector to be in a working environment that promote and improve their social and economic well-being, equipped with opportunities.
❖ Social workers have an immense role in the public sector to uplift the living conditions of the poor, vulnerable, and disadvantaged. The DSWD, as the lead in social protection and social welfare and development, it is vital that the Department supports its workforce who are instrumental in the delivery of its services whether in the primary or secondary setting – regardless of employment status and position title. ❖ With the responsibility to provide evidence-based interventions to the government’s clientele, support mechanisms to facilitate and enable professional growth of social workers must be prioritized to make them more responsive to the needs of the Filipino people. |
HOR: PENDING in the Committee on Social Services since 07 September 2021
Senate: SBN 2359
PENDING in the Committee on Civil Service, Government Reorganization and Professional Regulation chaired by Sen. Ramon Bong Revilla, Jr. Since 25 August 2021 SBN 2471: PENDING in the Committee on Social Justice, Welfare and Rural Development since 17 January 2022 |
HOR: HBN 1449 entitled: “An Act Increasing Compensation of Social Workers in Government Service, Amending for the Purpose Republic Act No. 9433, Otherwise Known as the “Magna Carta for Public Social Workers” (Rep. Jose Francisco “Kiko” B. Benitez, Ph.D.)
PENDING in the Committee on Social Services since 01 August 2022 Senate: No counterpart bill |
B.2 Attached Agencies’ Priority Legislation
| Legislative Measures and Proponent | Salient Features | Justifications | STATUS IN THE 19TH CONGRESS | |
| House of Representatives | Senate | |||
| COUNCIL FOR THE WELFARE OF CHILDREN (CWC) | ||||
| MAGNA CARTA OF CHILDREN | ❖ Inclusion of filing of cases as additional mandate of the Juvenile Justice Welfare Council (JJWC);
❖ Designation of the CHR as Ombudsman for Children; Institutionalization of the Philippines National Children’s Conference (PNCC) to ensure child participation in international functions and affairs; ❖ Creation of Children’s advisory Board in Local Government Units; ❖ Establishment of Barangay Children’s Association (BCA) and Recognition of these BCAs; and ❖ The MCC also seeks to create the Philippine Commission on Children (PCCh) which will operationally replace the Council for the Welfare of Children (CWC). |
The Magna Carta of Children (MCC) is a comprehensive children’s human rights law that seeks to advocate for the Filipino child, through the recognition, protection, fulfillment and promotion of the rights of Filipino children, especially those belonging in the marginalized sectors of the society. It conveys a framework of rights for children based directly on international law.
The MCC establishes the Philippine government’s pledge of commitment to the United Nations Convention on the Rights of the Child (UNCRC). |
||
| PREVENTION OF CHILD AND ADOLESCENT PREGNANCY | ❖ Seeks to prevent child and adolescent pregnancy;
❖ Institutionalize social protection for adolescent parents; ❖ Provide full and comprehensive information to adolescents of ages between 10-21 years old which can help prevent early and unintended pregnancies; and ❖ Institutionalize a comprehensive sexuality education (CSE) which shall be a compulsory part of education. |
The development of an evidence-based National Program of Action and Investment Plan for the Prevention of Adolescent Pregnancy to serve as the national framework for inter-agency and inter-sectoral collaboration at all levels to address the various health, cultural, socio-economic, and institutional determinants of adolescent pregnancy. | ||
| INTERNET AND DIGITAL CONTENT SAFETY AND ONLINE PROTECTION FOR CHILDREN | ❖ To provide safe and age-appropriate online environment and digital content or applications for children;
❖ To prevent Online Sexual Abuse and Exploitation of Children and protect children from exposure to sexual, violent, and other inappropriate content their age groups; ❖ To protect children from being exposed to harmful and inappropriate online content or materials in websites and internet; ❖ To protect children from being exposed to harmful and inappropriate online content or materials in websites and internet; ❖ To prevent misinformation and disinformation that unduly influence or manipulate children’s perception of truth, and their capacity to act independently; and ❖ To promote standards for the safe use of electronic gadgets and games for children |
The proposed legislative measure shall provide special protection to children from all forms of violence, abuse, and exploitation, especially those committed through the use of information and communications technology. The measure declares acts inimical to online protection of children which includes child sexual exploitation and abuse materials, cyberbullying, cyberstalking, online child trafficking, online impersonation, online grooming, and online publication of child terrorist and violent extremism, among others. | ||
| UNIVERSAL CIVIL REGISTRY AND VITAL STATISTICS (CRVS) SYSTEM | ❖ Geographical accessibility through devolution. Establish a Barangay Civil Registration System in each locality in coordination with the Office of the National Statistician;
❖ Financial accessibility through free delayed registration and certification of live birth; ❖ Cultural sensitivity through government collaboration and indigenous people (IP) inclusion. Establish an IP Civil Registration System in collaboration with the National Commission on Indigenous Peoples (NCIP), National Commission on Muslim Filipinos (NCMF), Philippine Association of Civil Registrars (PACR), National Commission on Culture and the Arts (NCCA) and in consultation with tribal leaders. Authorize tribal leaders to register new-born children in their community; ❖ Easy access through digitization of records; and ❖ Ensure registration of children in need of special protection (CNSP). |
Registration is necessary to uphold civil, political, and economic rights. Civil registration provides the means for the establishment of the identity and the recording of vital events in the life of a person which are essential in the recognition and protection of civil rights. A comprehensive CRVS is necessary in crafting national development plans and services which are responsive to the needs of the public. | ||
| INSURANCE FOR INFANTS (0-3 Y/O): PROPOSED AMENDMENT TO REPUBLIC ACT NO. 10607, OTHERWISE KNOWN AS “THE INSURANCE CODE” | There is a need to address the issue on infants or newborns being denied insurance applications. There is a need to revisit existing laws and/or policies as the parents, primary caregivers, or guardians may handle finances or expenses on behalf of the children. | |||
| MENTAL HEALTH AND PSYCHOSOCIAL SUPPORT SERVICES FOR CHILDREN AND YOUNG ADOLESCENTS DURING TIMES OF PUBLIC HEALTH EMERGENCY: PROPOSED AMENDMENT TO REPUBLIC ACT NO. 11036, OTHERWISE KNOWN AS THE “MENTAL HEALTH ACT” | There is an urgent need for a comprehensive response to life after pandemic or living with the new normal. The mental health of our children has been greatly affected as their inability to live normally was hampered by continuous lockdown and threats to safety and health. | |||
| ADDITIONAL PROTECTION TO WOMEN AND CHILDREN: PROPOSED AMENDMENT TO REPUBLIC ACT NO. 8353, OTHERWISE KNOWN AS “ANTI-RAPE LAW OF 1997” AND REPUBLIC ACT NO. 3815, OTHERWISE KNOWN AS “THE REVISED PENAL CODE” | The recently passed law (Republic Act No. 11648) did not incorporate several significant proposed provisions on the draft bills. The amendment to the Anti-Rape Law is necessary or may be lodged on a separate legislation. On another note, there is also a need to clarify the term “carnal knowledge” as its definition involves a man and a woman which contradicts the intention of Section 1, Paragraph 1 of Republic Act No. 11648 to provide for equal protection for girls and boys.
Additionally, as a proposal of term “incest” to be included defined under the Anti-Rape Law or in the Revised Penal Code. |
|||
| NATURALIZATION OF FOREIGN ADOPTEES BY FILIPINO ADOPTERS: PROPOSED AMENDMENT TO REPUBLIC ACT NO. 9139, OTHERWISE KNOWN AS “THE ADMINISTRATIVE NATURALIZATION LAW OF 2000” | While the CW is still completing its study on actual statistics. There are quite a number of foreign adoptees by Filipino Children who have yet to obtain Philippine citizenship. These children do not enjoy the rights of a Filipino throughout their childhood.
Under current ad existing laws, there are three (3) ways by which an alien may become a citizen by naturalization: (a) administrative naturalization pursuant to RA No. 9139; (b) judicial naturalization pursuant to C.A. No. 473, as amended, and (c) legislative naturalization in the form of a law enacted by Congress bestowing Philippine citizenship to an alien. (Edison So v. Republic of the Philippines, GR. No. 170603. January 29, 2007). These laws require that either the petitioner was born and raised in the Philippines or that they have reached the age of majority before they can commence the naturalization process. There is a need to modify these laws in order to cater to foreign adoptees by Filipino Citizens as they do not meet the requirements set forth by both R.A. 9139 and C.A. No. 473. R.A. 9225 or the Citizenship Retention and Re-acquisition Act of 2003 provides for Derivative Citizenship, to wit: Section 4. Derivative Citizenship – The unmarried child whether legitimate, illegitimate or adopted, below eighteen (18) years of age, of those who re-acquire Philippine citizenship upon effectivity of this Act shall be deemed citizenship of the Philippines. This provision however only applies to those whose parents reacquired Filipino Citizenship. A similar provision which applies to natural born or naturalized citizens of the Philippines who adopt foreign children is a possible amendment to R.A. No. 9139 and C.A. No. 473. |
|||
| NATIONAL AUTHORITY FOR CHILD CARE (NACC) | ||||
| AMENDMENTS TO REPUBLIC ACT NO. 11642, OTHERWISE KNOWN AS THE “DOMESTIC ADMINISTRATIVE ADOPTION AND ALTERNATIVE CHILD CARE ACT” | The proposed legislation seeks to amend the following Sections:
1. Section 11. Declaration of Availability for Adoption of Involuntary Committed Child and Voluntarily Committed Child “The CDCLAA in case of an involuntary committed child under Article 141, paragraph 4(a) and Article 142 of Presidential Decree No. 603 shall be issued by the NACC within three (3) months following such involuntary commitment.” 2. Section 36. Benefits of Adoptive Parents “The adoptive parents shall enjoy all the benefits entitled to biological parents, including benefits that can be availed through the Social Security System, Government Service Insurance System (GSIS), Department of Labor and Employment (DOLE), Bureau of Internal Revenue (BIR), Philippine Health Insurance Corporation (PhilHealth), Health Maintenance Organization (HMO) providers, among others, or through existing laws from the date the Order of Adoption was issued to the adoptive parents. Adoptive parents may avail of paid maternity and paternity ADOPTION leaves as provided for under existing laws for biological parents. Provided, That the leave benefits in this paragraph shall only be availed of by the adoptive parents within one (1) year from the issuance of the Order of Adoption: Provided, Further, That the leave benefits in this paragraph shall not only apply in cases of adult adoptions, and in all cases where the adoptive child has been in the care and custody of the adoptive parent for at least three (3) years before the issuance of the Order of Adoption by the NACC. |
Amending this Section to transfer authority, power and functions of the court to NACC to determine and decide cases of children for involuntarily committed. It shall guarantee a streamlined processes for a child in need of alternative child care options.
This was an issue raised during the crafting of the Implementing Rules and Regulations of RA 11642 where the Social Security System (SSS) refused to sign stating in their letter “this section if vague.” The law governing provisions to maternity and paternity benefits are the following: Republic Act No. 11199 or the “Social Security Act of 2018” as amended by Republic Act No. 11210 or the 105-day Expanded Maternity Leave Law (EMLL), Republic Act No. 8187 or the “Paternity Leave Act of 1996.”These laws provide ONLY to actual pregnancies. The SSS stated that the law should clearly defined the qualifications, limitations, funding and other financial considerations and payment of benefits. Amending this Section will guarantee the adoptive child and adoptive parents benefits after the issuance of the Order of Adoption. |
N/A | N/A |
| AMENDMENTS TO REPUBLIC ACT NO. 11767, OTHERWISE KNOWN AS THE “FOUNDLING RECOGNITION AND PROTECTION ACT” | The proposed legislation seeks to amend the following Sections:
Section 11. Revocation of Issued Certificate of Live Birth – The biological parent/s, the NACC or the LSWDO may file a petition for the revocation of the Certificate of Live Birth before the Local Civil Registrar based on the following grounds… Government support for children aging out of child caring agencies who are no longer eligible for domestic and inter country adoption. Support can be in the form of scholarships, job opportunities, or remedial financial support. |
During the crafting of the IRR, it was raised that this Section should be amended to reflect express provision on the “power quasi-judicial” of LCR to implement Section 11. | ||
| JUVENILE JUSTICE AND WELFARE COUNCIL (JJWC) | ||||
| Full implementation of Republic Act No. 9344 as amended by Republic Act No.10630 or the Juvenile Justice and Welfare Act as amended | N/A | N/A | ||
| NATIONAL COUNCIL ON DISABILITY AFFAIRS (NCDA) | ||||
| MONTHLY SOCIAL PENSION FOR INDIGENT PERSONS WITH DISABILITY BILL/ DISABILITY SUPPORT FUND BILL | Provision of disability support allowance/pension to persons with disabilities amounting to PhP2,000.00 | Similar Bill was filed under HBN 1754 (Reps. Eric Yap, Edvic Yap, Jocelyn Tulfo, Ralph Tulfo, Jeffrey Soriano) however, the proposed monthly subsidy is P1,000.00
PENDING in the Committee on Persons with Disabilities since 02 August 2022 |
SBN 31 (Sen. Manuel “Lito” Lapid)
SBN 501 (Sen. Ramon Bong Revilla, Jr.) PENDING in the Committee of Social Justice, Welfare and Rural Development since August 2022 |
|
| NATIONAL COMMISSION ON DISABILITY AFFAIRS | Reorganization of NCDA into a Commission with representatives from each classification of disability as members of the Commission | No counterpart bill | SBN 601 (Sen. Juan Miguel “Migz” Zubiri)
PENDING in the Committee on Social Justice, Welfare and Rural Development since 17 August 2022 |
|
| EVAUCATION CENTER BILL | Ensuring that evacuation centers are accessible to persons with disabilities | HBN 16 (Reps. Ferdinand Martin, Yedda Marie Romualdez, and Jude Acidre)
HBN 1091 (Reps. Lray Villafuerte, Miguel Luis Villafuerte, Tsuyoshi Anthony Horibata, and Nicholas Enciso III) HBN 1714 (Rep. Anthony Rolando Golez, Jr.) HBN 2256 (Rep. Franz Pumaren) HBN 2542 (Rep. Keith Micah Tan) HBN 2773 (Rep. Alfred Delos Santos) HBN 2826 (Rep. Ralph Recto) HBN 2940 (Rep. Joseph Lara) HBN 3047 (Reps. Paolo Duterte and Eric Yap) HBN 3466 (Rep. Lianda Bolilia) HBN 3498 (Rep. Patrick Michael Vargas) HBN 3774 (Rep. Reynante Arrogancia) HBN 3778 (Rep. Richard Gomez) HBN 4145 (Rep. Harris Christopher Ongchuan) HBN 4381 (Rep. Michael Romero) PENDING in the Committee on Disaster Resilience since July 2022 |
SBN 940 (Sen. Win Gatchalian)
PENDING in the National Defense and Security, Peace, Unification and Reconciliation chaired by Sen. Jinggoy Ejercito Estrada since 31 August 2022 |
|
III. The DSWD Legislative Liaison System
The DSWD Legislative Liaison System is in line with the instructions of the President to ensure early passage of the proposed National Budget for FY 2017, as well as to advance the President’s priority legislative agenda, all heads of departments, government-Owned or -Controlled Corporations (GOCCs), Government Financial Institutions (GFIs), and other government instrumentalities are directed to strengthen their respective liaison units and designate a legislative liaison officer with a rank not lower than Assistant Secretary.
The Department Legislative Liaison Office (DLLO) provides Department Legislative Liaison Officer with the needed technical and administrative support. It also promotes the DSWD’s Legislative agenda and other proposed legislative measures identified as urgent by the Executive Department through sustained day-to-day collaboration in both Houses of Congress. Further, the DLLO ensures harmonious relationships with legislators, Presidential Legislative Liaison Office (PLLO), Committee Secretaries, Chief of Staff, legislative staff, various stakeholders, and interest groups to generate maximum support to advance the DSWD’s Priority Legislation.