MANILA – An official of the National Authority for Child Care (NACC), an attached agency of the Department of Social Welfare and Development (DSWD), on Thursday urged individuals who previously simulated the birth records of children under their care, to avail of the rectification process under Republic Act 11222, or the Simulated Birth Rectification Act of 2019.
Assistant Secretary Rowena Macalintal of the NACC’s operations and services, said RA 11222 provides an amnesty mechanism for those who committed simulations of birth certificates before 2019, allowing them to correct records and undergo proper legal adoption without penalty – subject to compliance with the law’s requirements.
“Kung kayo po ay mayroong under custody na bata, iniwan sa inyo o inialok sa inyo, tapos iniregister mo ang sarili mo bilang nanay ng batang ito, ito po ay may (If you have a child under your custody who was left in your care or offered to you, and you registered yourself as the mother of the child, then you are guilty of a) criminal offense under the Revised Penal Code and under the Republic Act 1164 because this is a form ng illegal adoption and simulation of birth certificate,” Macalintal said in a news forum at the DSWD Central Office in Quezon City.
She said the simulation of birth records is a criminal offense that carries serious consequences.
“May kulong po ito na 8 to 10 years imprisonment. Mayroon din pong civil liability at administrative liability kung kayo po ay government employee. Kung ang simulation ay nangyari noong 2019 backwards at inaalagaan ninyo ang bata na ito bilang inyong tunay na anak (There is a penalty of up to 10 years imprisonment. There is also a civil liability and administrative liability if you are a government employee. If the simulation happened before 2019 and you have cared for the child as your own), you are provided with the benefits under the Simulated Birth Rectification Act,” Macalintal told reporters.
In reply to questions from reporters, Macalintal laid out the filing process, noting that RA 11222 has a sunset provision wherein the amnesty can only be availed of until 2029, which is the 10th year from the law’s effectivity in 2019.
“The petitions should be filed before the Local Social Welfare and Development Office for the rectification of the simulated birth certificate. Once the adoption decree is issued, the birth certificate can be amended to show that you are the legitimate parent of the child that you adopted, without incurring penalty,” she said.
“Pati na rin po yung mga kakuntsabang nurse, midwife, doctor na kasama pong naki-connive doon sa birth certificate, pati sila ay makaka-avail ng amnesty na pino-provide ng batas natin only until 2019 (Even the nurse, midwife, and doctor who connived in producing the simulated birth certificate until 2019 can avail of amnesty under the law).”
Macalintal encouraged concerned individuals to coordinate with the proper authorities while the amnesty provision remains in effect.
She also appealed to mothers in crisis not to abandon their children in unsafe conditions, stressing that support mechanisms are available.
“Kung hindi niyo na po kayang alagaan pa ang inyong anak, hindi po kailangang itapon o iwan sa kung saan-saan kasi ilalagay lang po natin sila sa peligro at kapahamakan. Isuko po natin sa mga residential care facilities ng DSWD o kaya sa mga child caring agencies, o di kaya po sa ating mga social workers, sa ating mga safe havens, sa ospital, sa simbahan (If you cannot care for your child, you should not just leave them anywhere because they will be place in greater danger. Surrender them to DSWD residential care facilities or child caring agencies, or to our social workers, in safe havens, in hospitals or even to the church),” she said.
Macalintal assured that these individuals would not be held liable for abandonment and would instead be given proper counseling and other appropriate interventions.
The DSWD and NACC continue to strengthen public awareness on lawful adoption and child protection processes, ensuring that children’s rights to identity, protection, and family are upheld in accordance with existing laws. (PNA)