Friday, September 28, 2007
Bill - Hon. Ma. Ethel Christine S. Din
Republic of the Philippines
Polytechnic University of the Philippines
Youth Congress
Sta. Mesa, Manila
First Regular Session
House Bill No. ______
Introduced By: Hon. MA. ETHEL CHRISTINE S. DIN
EXPLANATORY NOTE
This bill seeks to provide recognition of the illegitimate child to protect their rights and privileges and protect then from negligence.
In the 1987 Constitution of the Republic of the Philippines, Article XV Section 3 subsection 2 stated that “the right of the children to assistance, including proper care and nutrition, and special protection from all forms of neglect, abuse and cruelty, exploitation, and other conditions prejudicial to their development.” This subsection takes cognizance of statistics depicting children in dire need of protection. Since this bill covers things which matter most to the children, and since this bill advocates the recognition of the illegitimate child to protect their rights and privileges, this bill must be taken into consideration.
At the status quo of our country regarding the approach of every Filipino in the term illegitimacy of such child, the rights of the said child is in the critical oblivion. This is the reason why this bill has been formulated and it takes into consideration that such illegitimate child is a certain child with a lease capacity in providing basic needs of its own. This implicates that even illegitimate child needs guidance and support and that will be mandated to the parents of such child to comply and to be obliged on such obligation.
It is therefore needed that the parents provide them with proper care, support and guidance to protect them from any kind of neglect and abuse.
This bill aims to do the protection of once neglected child of the society who is the illegitimate child. A child that is prone to physical, psychological, emotional and mental defect if such needs and protection would not be rendered.
In the view of the foregoing, immediate passage of this bill is earnestly sought.
MA. ETHEL CHRISTINE S. DIN
Republic of the Philippines
Polytechnic University of the Philippines
Youth Congress
Sta. Mesa, Manila
First Regular Session
Introduced By: Hon. MA. ETHEL CHRISTINE S. DIN
AN ACT RECOGNIZING THE ILLEGITIMATE CHILD BY DEFINING AND DETERMINING THE RIGHTS AND PRIVELEGES OF THE CHILD TO PROTECT THEM FROM NEGLIGENCE
Be it enacted by the DPSPA 3rd year students of Parliamentary Practice and procedure in the Polytechnic University of the Philippines in Youth congress assembled:
Section 1. Short Title. - This Act shall be known as “The Recognition of the Illegitimate Child Act.”
Section 2. Declaration of Policy. – This Act shall protect the rights of the illegitimate child from the genuine family of either parents of the illegitimate child; give recognition and sufficient treatment to the illegitimate child thereof. This shall occur through the legal process proper in claiming such rights, from filing significant and genuine documents up to the stage of undergoing proper hearings.
Section 3. Definition of Terms. – As used in this Act:
(a) The term “illegitimate” refers to the child who is born to parents who are not married to each other.
(b) The term “negligence” means the failure to give the proper or required care and attention to somebody, particularly to illegitimate child.
(c) The term “administrator” refers to the Secretary of the Department of Social Welfare and Development.
(d) The term “recognition” means the act of identifying somebody on the basis of having such qualifications and acknowledging the validity of something.
Section 4. Granting of Provision. –
(a) The illegitimate child shall not be in legal age of eighteen years (18) for him/her to have the full privilege of this Act.
(b) The full privilege of this act shall be given to the minors who have much needed of this provision from the basic needs that the child itself could not provide for his/her own sake up to the educational needs that the child must possesses.
(c) The support that the either parents of the illegitimate child that must be given to him/her must be stressed exclusive for the illegitimate child alone and not inclusive to the illegitimate wife or husband of the said parent of the child. This is formulated to address still the respect of this Act for the legitimate family of the parent of the illegitimate child.
Section 5. Proper Proceedings. –
(i) The illegitimate child shall provide the genuine documents that are needed for the process proper:
(i.a) Birth Certificate (either parents or guardian and own)
(i.b) Application form which the administrator shall provide.
(ii) The illegitimate child and the parent or guardian shall undergo interviews with the administrator to answer some relevant questions.
(iii) The meeting of both parents and child including the presence of the legitimate family to have further discussions.
(iv) The signing of legal documents and taking of pledge regarding the agreement which the discussion have came up.
Section 5. Separability Clause. If any provision of part hereof is held invalid or unconstitutional, the remainder of the law or the provision not otherwise affected shall remain valid and subsisting.
Section 6. Repealing Clause. - Any law, presidential decree or issuance, executive order, rules and regulation contrary to or inconsistent with the provision of this Act is hereby repealed, modified or amended accordingly.
Section 7. Effectivity. – This Act shall take effect immediately upon its approval.
Approved,Labels: family
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