Cnsp Birth Registration Act

spendin Offire of the scriptam TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES First Regular Session ) 25 AUG -4 P6:13 SENATE RICEIVED BY: S. No. 885 Introduced by Senator Jinggoy Ejercito Estrada AN ACT FURTHER STRENGTHENING THE SYSTEM OF BIRTH REGISTRATION OF CHILDREN IN NEED OF SPECIAL PROTECTION (CNSP) IN THE PHILIPPINES EXPLANATORY NOTE The Philippines, as a signatory to the United Nations Convention on the Rights of the Child (CRC), is bound by its provisions to uphold and protect the rights of all children within its jurisdiction. Key articles of the CRC explicitly recognize a child's right to identity, nationality, and protection from discrimination, underscoring the importance of timely birth registration. In particular, Articles 2, 7, and 8 highlight the state's responsibility to ensure that every child is recognized from birth, has access to their nationality, and preserves their identity without unlawful interference. Birth registration is not merely a procedural formality, but a fundamental human right, as it marks the beginning of a child's legal existence within society. A Certificate of Live Birth serves as the essential document granting access to vital services such as healthcare, education, financial aid, and employment opportunities. Furthermore, it enables individuals to exercise their rights to vote, own property, and secure social benefits. It is crucial for the establishment of family ties, and in cases of adoption, it becomes a foundational document that ensures the well-being of the child.

However, the absence of birth registration severely restricts an individual's access to these basic rights and services. Unregistered children are particularly vulnerable to exploitation, neglect, and abuse, and they are at greater risk of becoming victims of human trafficking and other harmful practices. The consequences of non- registration are disproportionately detrimental to children in need of special protection (CNSP)-those who face violence, abuse, or discrimination-and it exacerbates their invisibility to state programs aimed at addressing their specific needs. The unregistered status of CNSPs heightens their marginalization and prevents them from being included in crucial government programs related to health, education, nutrition, and protection. By failing to register these children, the state essentially limits their access to opportunities that are essential for their development and future prospects. A similar version was originally filed by Senator Grace Poe in the 19th Congress, this bill aims to strengthen the legal framework surrounding birth registration, ensuring that all children, especially those in need of special protection, are recognized by the state and can fully enjoy their rights to healthcare, education, social services, and protection from exploitation and abuse. In light of these pressing issues, the immediate enactment of this bill is strongly recommended, as it is a vital step toward guaranteeing the protection, rights, and well-being of all Filipino children, in compliance with both domestic and international obligations. JINGGOY EJERCITO ESTRADA

TWENTIETH CONGRESS OF THE ) REPUBLIC OF THE PHILIPPINES First Regular Session AUG -4 P6:13 SENATE RECEIVED BY: S. No. 885 Introduced by Senator Jinggoy Ejercito Estrada AN ACT FURTHER STRENGTHENING THE SYSTEM OF BIRTH REGISTRATION OF CHILDREN IN NEED OF SPECIAL PROTECTION (CNSP) IN THE PHILIPPINES Be it enacted by the Senate and the House of Representatives of the Philippines in Congress assembled:

Section 1. Short Title. - This Act shall be known as the "CNSP Birth Registration

2 Act".

Sec. 2. Declaration of Policy. - The State shall uphold the right of a child to a

name and nationality and to his immediate birth registration as set forth in the United Nations Convention on the Rights of the Child as well as the United Nations Declaration 6 of Human Rights. The State recognizes the vulnerability of Children in Need of Special Protection (CNSP) and their greater need for care, guidance, and protection. The State shall likewise safeguard these children from all acts of discrimination arising from the circumstances of their birth and identity. In this pursuit, the State shall afford their right to legal identity and protection through an effective and responsive birth registration system.

Sec. 3. Definition of Terms. -

a) Armed conflict means any use of force or armed violence between States or a protracted armed violence between governmental authorities and organized armed groups or between such groups within that State:

Provided, That such force or armed violence gives rise, or may give rise, to a situation to which the Geneva Conventions of 12 August 1949, including their common Article 3, apply. Armed conflict may be international, that is, between two (2) or more States, including belligerent occupation; or non- international, that is, between governmental authorities and organized armed groups or between such groups within a state. It does not cover internal disturbances or tensions such as riots, isolated and sporadic acts of violence or other acts of similar nature; b) Birth Registration is the continuous, permanent and universal recording within the civil registry, of the occurrence and characteristics of births in accordance with the legal requirements of the Philippines; c) Children in Need of Special Protection (CNSP) refer to all persons below 18 years of age, or those 18 years old and over but are unable to take care of themselves because of physical or mental disability or conditions; who are vulnerable to or are victims of abuse, neglect, exploitation, cruelty, discrimination, violence (armed conflict, domestic violence), natural calamities, man-made disasters, and other analogous conditions prejudicial to their development, at any given time. CNSP include but are not limited to: 1) Sexually/physically-abused children; 2) Children In commercial sexual exploitation; 3) Children at risk and in conflict with the law; 4) Children in situations of armed conflict; 5) Working children or victims of child labor; 6) Children in various circumstances of disability; 7) Children directly affected by HIV/AIDS and other sexually- transmitted infections (STIs); 8) Street children; 9) Children with substance abuse; 10)Mentally challenged children; 11)Abandoned children/children without primary caregiver; 12)Displaced children/refugee children/stateless children;

13)Foundlings as defined under Rule 26 of AO No. 01, series of 1993. For purposes of this Act, the term CNSP shall include all children under the defining circumstances of this Section, who may be located in child-care foundations or elsewhere. d) Child Case Study Report refers to a written report prepared by a social worker containing all the necessary information about a child; e) CNSP Certification refers to the document issued by the DSWD Regional Field Office affirming the CNSP status of the child; f) 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; g) Disaster is a serious disruption of the functioning of a community or a society involving widespread human, material, economic or environmental losses and impacts, which exceeds the ability of the affected community or society to cope using its own resources. Disasters are often described as a result of the combination of: the exposure to a hazard; the conditions of vulnerability that are present; and insufficient capacity or measures to reduce or cope with the potential negative consequences. Disaster Impacts may include loss of life, injury, disease and other negative effects on human, physical, mental and social well-being, together with damage to property, destruction of assets, loss of services, Social and economic disruption and environmental degradation. Disasters may be further classified as: 1) Natural disasters. including floods, hurricanes, earthquakes and volcano eruptions that have immediate Impacts on human health and secondary impacts causing further death and suffering from (for example) floods, landslides, fires, tsunamis; 2) Environmental emergencies, including technological or industrial accidents, usually involving the production, use or transportation of (hazardous material, and occur where these materials are produced, used or transported, and forest fires caused by humans;

3) Complex emergencies. involving a break-down of authority, looting and attacks on strategic installations, including conflict situations and war; and 4) Pandemic emergencies. Involving a sudden onset of contagious disease that affects health, disrupts services and businesses, and brings economic and social costs. h) DSWD shall refer to the Department of Social Welfare and Development Office, including its Regional Field Offices and the social welfare and development offices of the local government units (provincial, city, and municipal); i) Finder is any person who finds or rescues a CNSP as defined in this Act; }) Foundling is a deserted or abandoned infant or a child found, with parents, guardian, or relatives being unknown, or a child committed in an orphanage or charitable or similar institution with unknown facts of birth and parentage; k) Multiple Registration occurs when the same event of birth of the same party is registered more than once. In this case, the presence of the first registration will invalidate the succeeding registrations of the same event. However, if there is a court order invalidating the first registration, the succeeding registration becomes valid and thus, the LCR can legally issue certification of the requested document based on the succeeding registration. Otherwise, the following guidelines should be followed: 1) Same dates of vital event, different date of registration - issue the one with earlier date of registration; 2) Same dates of registration but different registry numbers - issue the one with the lower registry number; 3) Different dates of registration but same registry number - issue the one with the earlier date of registration; and 4) Same entries but different dates of registration and registered In different places - issue the one with the earlier date of registration. 1) Negative Certification is a declaration issued by the Philippine Statistics Authority that they do not possess the requested record of birth;

m) Omnibus Certification is a list issued by the Philippine Statistics Authority indicating whether the individuals whose records are being verified, are in the custody of the PSA. It is commonly issued upon the request of an organization, agency or department; n) Philippine Statistics Authority (PSA) was created pursuant to Republic Act 10635 and is the primary agency responsible for all national censuses and surveys, sectoral statistics, consolidation of selected administrative recording systems and compilation of the national accounts.

Sec. 4. Process for Referring a CNSP. - A Finder in custody of a CNSP shall,

10 within forty-eight (48) hours, refer the CNSP to any of the following receiving agencies for documentation and evaluation: a) Nearest Regional Field or Provincial Office of the Department of Social Welfare and Development office or the local social welfare and development divisions; or b) Punong Barangay of the locality where the CNSP was found; or c) Nearest police station; or d) Child-care foundations. Should the receiving agency determine upon referral that the child needs medical attention, the receiving agency shall immediately bring the child to the nearest medical facility for necessary treatment. The receiving agency shall thereafter endeavor to determine If the child is without a primary caregiver or guardian or a suitable individual who can have temporary custody of the child. In ail Instances, the best interest of the child shall be the paramount consideration in choosing his/her guardian. In the absence of any suitable guardian, the Punong Barangay or the police authority shall facilitate the commitment of the child to the nearest Regional Field or Provincial Office of the Department of Social Welfare and Development (DSWD) or the local social welfare and development divisions, or to a duly licensed and accredited orphanage or charitable institution.

Sec. 5. Who Shall Register a CNSP. - The following are the persons responsible

to register a CNSP: a) The licensed social worker who has custody of the CNSP; or

b) Those persons or Institutions who are in immediate and protective custody of the CNSP. In both cases, a CNSP Certification issued by the nearest Regional Field Office of the DSWD shall be presented by the custodian of the child when registering. The persons referred to in this section should first endeavor to gather information from anyone knowledgeable on the matter, as to whether the child has already been registered. Otherwise, data as to the details of the child's birth should be obtained for purposes of filling out the Certificate of Live Birth (COLB).

Sec. 6. Place of Registration and Reglementary Period. - The registration of

10 CNSP shall be made in the Local Civil Registry Office (LCRO) where the child was born, if known. If the place of birth is unknown, the registration shall be made in the place where the child was found. The registration shall be made sixty (60) days from the date of the actual custody of the child by the persons enumerated in Section 5 hereof, except during armed conflicts, emergencies, and disasters, in which case registration shall be made sixty (60) days after the official pronouncement of the cessation thereof.

Sec. 7. Requirements for the Registration of CNSPs. - The following

requirements shall be complied with for the registration of birth of a CNSP: a) Negative Certification from the PSA, or any proof of declaration from the Philippine Statistics Authority (Omnibus Certification). The Omnibus Certification may likewise be coursed thru a PSA-accredited Non- Governmental Organization; b) Child case study report prepared by a licensed social worker; and c) Certification from the nearest DSWD Regional Field Office that the child is a CNSP indicating the following information: 1) Name of the child; 2) Sex of the child; 3) Date of birth; 4) Place of birth; 5) Name of at least one parent; and 6) Citizenship of parent/s. For unfilled items in the COLB, the word "Unknown" is acceptable.

The approximate date of birth of the child may be certified by medical/dental practitioners as proof of age. Such certification shall be provided by the medical/dental practitioner upon presentation of the requirements listed as (a) and (b) of this Section.

Sec. 8. Fees. - No fees and other related charges such as processing fees

and/or penalties shall be imposed on the registration of births of CNSPs within the 6 reglementary period.

Sec. 9. Multiple Registration. - In case of multiple registration of CNSPs, the

8 PSA guidelines on double or multiple registration shall be followed.

Sec. 10. Agribusiness Venture Laboratories. - The LCR shall submit the list of

10 registered CNSPs to DSWD and PSA every tenth day of the month.

Sec. 11. No Annotations on the COLB. - No annotations shall be indicated on

the Certificate of Live Birth of the CNSP. A temporary marking shall be made only for purposes of recording and shall be subsequently erased upon final issuance of the registered COLB.

Sec. 12. Penal Provisions. - Any person who refuses to comply with the

provisions of this Act or any violation of the preceding Sections fined the amount of 17 Ten thousand pesos (P10,000.00) to Thirty thousand pesos (P30,000.00), at the discretion of the court, without prejudice to further disciplinary action against the erring officer or medical/dental professional and the suspension of accreditation in the case of institutions.

Sec. 13. Implementing Rules and Regulations. - Within ninety (90) days from

the effectivity of this Act, the Secretary of the DSWD shall, in coordination with the Secretary of the Interior and Local Government (DILG), the PSA, the Council for the Welfare of Children (CWC) and representatives of children's organizations and academic communities, promulgate rules and regulations necessary for the effectivity of this Act.

Sec. 14. Appropriation. - To carry out the provisions of this Act, such amount

as may be necessary is hereby authorized to be appropriated from the National Treasury. Thereafter, the amount necessary for the continuous operation of this program shall be included in the annual appropriation of the DSWD, PSA and DILG.

Sec. 15. Separability Clause. - If any provision or part hereof is held invalid or

2 unconstitutional, the remainder of the law or the provision not otherwise affected shall remain valid and subsisting.

Sec. 16. Repealing Clause. - Any law, presidential decree or issuance, executive

5 order, letter of instruction, administrative order, rule or regulation contrary to or 6 inconsistent with any provision of this Act Is hereby repealed, modified, or amended 7 accordingly.

Sec. 17. 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 10 circulation. Approved,