About the author- litigation lawyer in telecoms, taxation, criminal, labor, appellate, family law and corporate; a radio broadcaster, speaker, author a husband, a father, advocate for consumers, for justice www.angkapatiran.org and a sinner who wants to
be a saint. hilman1108@yahoo.com
Press Release
29 May 2006
LACSON WANTS CLOSER LOOK AT DEBT APPROPRIATIONS
Lest Congress let a criminal act slip through in the P1-trillion budget for 2006, it should take a closer look at the provision for debt servicing instead of approving the automatic appropriation.
Sen. Panfilo Lacson said the debt burden, while not a high-profile issue, robs Filipinos of much-needed basic services especially if the debts were acquired with onerous conditions.
"The debt burden should be a major cause for concern. How much of the P1 trillion this year will go to paying our debts? How much of the debt was acquired under questionable circumstances? How much of the debt can be described as graft-ridden? The people are being punished for such onerous debts," he said.
Citing figures reaching him, Lacson said the government will be paying more than P700 billion this year, including P340 billion for automatic interest payments in the P1-trillion budget; and another P382 billion for the principal amount, through “off-budget” items.
He called for an inventory of the debts, which will be the basis for forming short-, medium- and long-term strategies to make sure the debt will not burden the people.
"We need to craft strategies for the short, medium and long term to make sure people are not deprived of much-needed basic services," he said.
As of December 2005, the Bureau of Treasury said the national debt has ballooned to P4.02 trillion, including P1.87 trillion owed to foreign creditors and P2.15 trillion to domestic creditors.
Figures from the National Statistics Coordination Board (NSCB) show that as of end-February 2006, the central government has a total debt of P3.964388 trillion, including P1.796472 trillion in foreign debts and P2.167916 trillion in domestic debts.
Of the P2.168-trillion domestic debt, P642.894 billion is considered short-term; P887.271 billion considered medium-term; and P637.751 billion considered long-term.
The government has also guaranteed P575.247 billion of the debt, including P48.146 billion in foreign debts and P527.101 billion in domestic debts.
In addition, Mr. Martin has told his fellow commissioners that he plans to launch a separate proceeding soon to determine whether to further relax agency media ownership rules, the sources said.
Mr. Martin’s proposals come as particularly welcome news to broadcasters, who have been lobbying vigorously for media ownership deregulation and for rules to insure that all of their digital programming streams are available to cable subscribers. The cable TV industry is strongly opposed to Mr. Martin’s proposed carriage obligation.
The proposals also signal that Mr. Martin, who has been stymied on key issues by an agency that has been deadlocked politically with two Republican and two Democratic commissioners, plans to move more aggressively now that a third Republican commissioner is coming on board.
Last year the FCC, under then-Chairman Michael Powell, rejected a proposal that would have forced cable providers to carry the multiple broadcast programming streams. But Mr. Martin, who cast the sole dissenting vote at the time, told reporters earlier this year that he would try to overturn the Powell-era decision if he thought he could win the support of a majority of the agency’s commissioners.
Two of the commissioners who voted against the rule during Powell’s chairmanship-Democrats Michael Copps and Jonathan Adelstein-are still at the agency.
Since the 2005 vote, one new commissioner, Republican Deborah Taylor Tate, has joined the agency. Robert McDowell, another Republican, received Senate confirmation for a third Republican seat late last week and is expected to officially join the agency as soon as this week. The new lineup offers Mr. Martin the possibility of a 3-2 majority.
With a Republican FCC majority coming into line, Mr. Martin is also planning to launch proceedings as soon as next month to determine how the agency should respond to a 2004 decision by the U.S. Court of Appeals in Philadelphia that threw out a Powell-era effort by the FCC’s Republicans to loosen rules that bar owners of daily newspapers from buying broadcast stations in their markets and limit how many stations a company can own in an area.
Mr. Martin tried to get the ball rolling against the media ownership restrictions last year but dropped the effort because he couldn’t reach a consensus at the agency-deadlocked politically with two Republicans and two Democrats-on how to proceed.
My blog has high traffic so if your email to my i.ph mail bounces then send the email to hilman1108@yahoo.com
thanks to all you readers and visitors
Adrian
>PARTNERS AND MARRIAGE
>
>By Eduardo Jose E. Calasanz
>
>I have never met a man who didn’t want to be loved. But I have seldom
met a
>man who didn’t fear marriage. Something about the closure seems
>constricting, not enabling. Marriage seems easier to understand for
what it
>cuts out of our lives than for what it makes possible within our
lives.
>
>When I was younger this fear immobilized me. I did not want to make a
>mistake. I saw my friends get married for reasons of social
acceptability,
>or sexual fever, or just because they thought it was the logical thing
to
>do. Then I watched, as they and their partners became embittered and
petty
>in their dealings with each other. I looked at older couples and saw,
at
>be!st, mutual toleration of each other. I imagined a lifetime of
loveless
>nights and bickering days and could not imagine subjecting myself or
someone
>else to such a fate.
>
>And yet, on rare occasions, I would see old couples who somehow seemed
to
>glow in each other’s presence. They seemed really in love, not just
>dependent upon each other and tolerant of each other’s foibles.
>
>It was an astounding sight, and it seemed impossible. How, I asked
myself,
>can they have survived so many years of sameness, so much irritation
at the
>others habits? What keeps love alive in them, when most of us seem
unable to
>even stay together, much less love each other?
>
>The central secret seems to be in choosing well. There is something to
the
>claim of fundamental compatibility. Good people can create a bad
>relationship, even though they both dearly want the relationship to
succeed.
>It is important to find someone with whom you can create a good
relati!
onship
>from the outset. Unfortunately, it is hard to see clearly in the early
>stages.
>
>Sexual hunger draws you to each other and colors the way you see
yourselves
>together. It blinds you to the thousands of little things by which
>relationships eventually survive or fail. You need to find a way to
see
>beyond this initial overwhelming sexual fascination. Some people
choose to
>involve themselves sexually and ride out the most heated period of
sexual
>attraction in order to see what is on the other side.
>
>This can work, but it can also leave a trail of wounded hearts. Others
deny
>the sexual side altogether in an attempt to get to know each other
apart
>from their sexuality. But they cannot see clearly, because the
presence of
>unfulfilled sexual desire looms so large that it keeps them from
having any
>normal perception of what life would be like together.
>
>The truly lucky people are the ones who manage to become long-time
>friendsbefore they realize they are attracted to each other. They get
to
>know each
>other’s laughs, passions, sadness, and fears. They see each other at
their
>worst and at their best. They share time together before they get
swept up
>into the entangling intimacy of their sexuality.
>
>This is the ideal, but not often possible. If you fall under the spell
of
>your sexual attraction immediately, you need to look beyond it for
other
>keys to compatibility. One of these is laughter. Laughter tells you
how much
>you will enjoy each others company over the long term.
>
>If your laughter together is good and healthy, and not at the expense
of
>others, then you have a healthy relationship to the world. Laughter is
the
>child of surprise. If you can make each other laugh, you can always
surprise
>each other. And if you can always surprise each other, you can always
keep
>the world around you new.
>
>Beware of a relationship in which there is no laughter. ! Even the
most
>intimate relationships based only on seriousness have a tendency to
turn
>sour. Over time, sharing a common serious viewpoint on the world tends
to
>turn you against those who do not share the same viewpoint, and your
>relationship can become based on being critical together.
>
>After laughter, look for a partner who deals with the world in a way
you
>respect. When two people first get together, they tend to see their
>relationship as existing only in the space between the two of them.
They
>find each other endlessly fascinating, and the overwhelming power of
the
>emotions they are sharing obscures the outside world. As the
relationship
>ages and grows, the outside world becomes important again. If your
partner
>treats people or circumstances in a way you can’t accept, you will
>inevitably come to grief.Look ! at the way she cares for others and
deals
>with the daily affairs of life. If that makes you love her more, your
love
>wil! l grow. If it does not, be careful. If you do not respect the way
you
>each deal with the world around you, eventually the two of you will
not
>respect each other.
>
>Look also at how your partner confronts the mysteries of life. We live
on
>the cusp of poetry and practicality, and the real life of the heart
resides
>in the poetic. If one of you is deeply affected by the mystery of the
unseen
>in life and relationships, while the other is drawn only to the
literal and
>the practical, you must take care that the distance does not become an
>unbridgeable gap that leaves you each feeling isolated and
misunderstood.
>
>There are many other keys, but you must find them by yourself. We all
have
>unchangeable parts of our hearts that we will not betray and private
>commitments to a vision of life that we will not deny. If you fall in
love
>with someone who cannot nourish those inviolable parts of you, or if
you
>cannot nourish them in her, you will fin! d yourselves growing further
apart
>until you live in separate worlds where you share the business of
life, but
>never touch each other where the heart lives and dreams. From there it
is
>only a small leap to the cataloging of petty hurts a! nd daily
failures that
>leaves so many couples bitter and unsatisfied with their mates.
>
>So choose carefully and well. If you do, you will have chosen a
partner with
>whom you can grow, and then the real miracle of marriage cantake place
in
>your hearts. I pick my words carefully when I speak of a miracle. But
I
>think it is not too strong a word. There is a miracle in marriage. It
is
>called transformation. Transformation is one of the most common events
of
>nature. The seed becomes the flower. The cocoon becomes the butterfly.
>Winter becomes spring and love becomes a child. We never question
these,
>because we see them around us every day. To us they are not miracles,
though
>if we did not know them they ! would be impossible to believe.
>
>Marriage is a transformation we choose to make. Our love is planted
like a
>seed, and in time it begins to flower. We cannot know the flower that
will
>blossom, but we can be sure that a bloom will come.
>
> If you
>have chosen poorly or for the wrong reason, the bloom will be flawed.
>
>We are quite willing to accept the reality of negative transformation
in a
>marriage. It was negative transformation that always had me terrified
of the
>bitter marriages that I feared when I was younger. It never occurred
to me
>to question the dark miracle that transformed love into harshness and
>bitterness. Yet I was unable to accept the possibility that the first
heat
>of love could be transformed into something positive that was actually
>deeper and more meaningful than the heat of fresh passion. All I could
>believe in was the power of this passion a! nd the fear that when it
cooled I
>would be left with something lesser and bitter.
>
>But there is positive transformation as well. Like negative
transformation,
>it results from a slow accretion of little things. But instead of
death by a
>thousand blows, it is growth by a thousand touches of love. Two
histories
>intermingle. Two separate beings, two separate presence, two separate
>consciousness come together and share a view of life that passes
before
>them. They remain separate, but they also become one. There is an
expansion
>of awareness, not a closure! and a constriction, as I had once feared.
This
>is not to say that there is not tension and there are not traps.
Tension and
>traps are part of every choice of life, from celibate to monogamous to
>having multiple lovers. Each choice contains within it the lingering
doubt
>that the road not taken somehow more fruitful and exciting, and each
becomes
>dulled to the richness that it alone contai! ns.
>
>But only marriage allows life to deepen and expand and be leavened by
the
>knowledge that two have chosen, against all odds, to become one. Those
who
>live together without marriage can know the pleasure of shared
company, but
>there is a specific gravity in the marriage commitment that deepens
that
>experience into something richer and more complex.
>
>So do not fear marriage, just as you should not rush into it for the
wrong
>reasons. It is an act of faith and it contains within it the power of
>transformation. If you believe in your heart that you have found
someone
>with whom you are able to grow, if you have sufficient faith that you
can
>resist the endless attraction of the road not taken and the partner
not
>chosen, if you have the strength of heart to embrace the cycles and
seasons
>that your love will experience, then you may be ready to seek the
miracle
>that marriage offers. If not, then wait. The easy grace ! of a
marriage
wel! l
>made is worth your patience. When the time comes, a thousand flowers
will
>
Rising Wages for Nurses? Nanny State to the Rescue
By Dean Baker
t r u t h o u t | Perspective
Wednesday 24 May 2006
The New York Times had an article today that inadvertently revealed a huge amount about how wages are set in the US economy ("US Plan to Lure Nurses May Hurt Poor Nations," 5-24-06; A1). We all know the official story - wages are supposed to be set by the market, our old friends supply and demand. When certain skills are in short supply, the wages for workers with these skills are bid up. This leads more people to acquire the skills and may also reduce the demand. Eventually, supply increases and demand falls by enough to establish a balance in the market.
In this wonderful market world, the people who end up with high wages (e.g. doctors, lawyers, accountants, economists) have skills that are in high demand and difficult to master. The people with low pay (e.g. custodians, retail clerks, child care workers, dishwashers, etc.) are ones who have skills that are relatively plentiful.
That is a nice fairy tale. It has about as much relationship to the real world as the tooth fairy, as the Times article showed.
The article reports on a provision in the Senate immigration bill that removes the cap on the number of nurses who can enter the country each year. The problem, as described in the article, is that the country faces a large and growing shortage of nurses. In a market economy, a shortage means that wages should rise. This will cause more students to enter nursing schools (presumably creating more incentive to establish nursing schools), and will induce many part-time or retired nurses to work more hours as nurses. It may also curtail the demand somewhat, as some tasks that are performed by nurses can presumably be performed by less-skilled workers.
But, that is not the way things work in the world of the conservative nanny state. The people who set economic policy in this country donít want to pay nurses higher wages. They have a different solution - bring more nurses from developing countries into the United States. These nurses will be very happy to work for the current wages received by nurses in the United States, which are far higher than what nurses in places like the Philippines or India earn. (Never mind the impact that this drain of nurses has on developing countries.)
Before anyone claims that free immigration is part of a free market, it is important to remember that the United States does not have free immigration in general, it only allows free immigration in occupations where it is trying to depress wages. While it is far cheaper to educate nurses in developing countries than in the United States, it is also far cheaper to educate doctors, lawyers, accountants and economists. The gains from having free immigration for people working in these professions would be enormous. We could even share these gains by reimbursing the countries of origin.
This would be an enormous win-win scenario. By making our education and licensing requirements fully transparent and opening the door to foreigners in the most highly paid professions, we would be able to drastically reduce the cost of health care, college education and many other goods and services. This would mean higher living standards and more jobs for people in the United States. This is the gains-from-trade story that economists like to tell in other contexts. We could share these gains with developing countries, paying them 3 or 4 times the costs of educating these professionals, so that they can educate more professionals for their own countries, and also redistribute some of this income.
Incidentally, this form of free trade would also lead to a more equal distribution of income, improving the situation of those at the middle and the bottom and the expense of those at the top. Of course this is the reason why Congress is not about to remove the barriers that protect our highly paid professionals from foreign competition.
The key to the story is that our political leaders think that free trade and competition are good only for manufacturing workers, nurses, and other workers lower down the social ladder. They want the nanny state to protect the highest-paid workers from international competition. The huge gap in wages between those at the top and those at the bottom is not because of the market, itís because those at the top got Congress to rig the game.
|
|
|
Home | History | The Clergy | Directory | Pastoral Programs | Library | Gospel Readings | RCAM News | Links | Contact Us
_____________________________________ Copyright © 2003 Archdiocese of Manila. All rights reseved. |
REPUBLIC OF THE PHILIPPINES
INTER-COUNTRY ADOPTION BOARD
MANILA
AMENDED IMPLEMENTING RULES AND REGULATIONS
ON INTER-COUNTRY ADOPTION (RA 8043)
Pursuant to the authority of the Inter-country Adoption Board, under Section 6, paragraph (a) of Republic Act No.
8043, otherwise known as "The Inter-Country Adoption Act of 1995" and in accordance with the relevant provisions of
Republic Act No. 8552 otherwise known as the Domestic Adoption Act of 1998 and the provisions of The Hague Convention
on Protection of Children and Cooperation in Respect of Inter-country Adoption as well as the United Nations
Convention on the Rights of the Child, the following Rules and Regulations are hereby promulgated to govern the
adoption of a Filipino child abroad:
ARTICLE I
GENERAL PROVISIONS
SECTION 1.POLICY OBJECTIVES.- It is the policy of the State to ensure that every child shall grow up in a family
that will provide such child with love and care as well as opportunities for growth and development. Towards this
end, efforts shall be exerted to place every child who is legally free for adoption, with an adoptive family in the
Philippines. The State shall take measures and safeguards to ensure that inter-country adoption is allowed when the
same shall prove beneficial to the child’s best interests and shall serve and protect his/her fundamental rights. In
this respect, the State shall establish a system of cooperation with other States, through their respective
Central/Competent Authorities and accredited bodies to prevent the sale, trafficking and abduction of children.
SECTION 2.APPLICABILITY.- The Rules shall apply to the adoption of a legally free Filipino child in a foreign country
by a person qualified to adopt under Republic Act 8043 otherwise known as the Inter-country Adoption Law of 1995.
ARTICLE II
DEFINITION OF TERMS
SECTION 3. DEFINITION OF TERMS.- As used in these Rules, unless the context otherwise requires, the following terms
shall mean:
(a) "Act" shall refer to Republic Act No. 8043, otherwise known as "The Inter-country Adoption Act of 1995";
(b) "Applicant" shall refer to a married couple or a single person who files an application;
(c) "Application" shall refer to the duly accomplished application form, home study report including its supporting
documents from an authorized or accredited agency or body by the ICAB;
(d) "ACCREDITATION" SHALL REFER TO THE ICAB’S CERTIFICATION OF A FOREIGN ADOPTION AGENCY DULY LICENSED BY THE STATE
WELFARE AUTHORITY IN A NON-CONTRACTING STATE AS MEETING THE OFFICIAL REQUIREMENTS TO PARTICIPATE IN THE PHILIPPINE
INTER-COUNTRY ADOPTION PROGRAM.
(e) "AUTHORIZATION" SHALL REFER TO THE ICABS CERTIFICATION OF A FOREIGN ADOPTION AGENCY DULY ACCREDITED BY THE CENTRAL
AUTHORITY OF A CONTRACTING STATE TO PARTICIPATE IN THE PHILIPPINE INTER-COUNTRY ADOPTION PROGRAM.
(f) "Board" shall refer to the Inter-country Adoption Board which is
the Central Authority in matters relating to inter-country
adoption and the policy-making body for the purposes of carrying out the provisions of R.A. 8043 and the Convention;
(g) "Central Authority" shall refer to the key governmental entity which
is responsible for carrying out the provisions of the Convention;
(h) "Chairperson" shall refer to the Chairperson of the Board;
(i) "Child" shall refer to a Filipino child below fifteen (15) years
of age who can be legally adopted;
(j) "Child Caring Agency" shall refer to a welfare agency that provides a twenty-four (24) hour resident group care
service for the physical, mental, social and spiritual well being of nine (9) or more mentally gifted, abandoned,
neglected, disabled, or disturbed children, or youth offenders. The term shall include an institution whose primary
purpose is education whenever nine (9) or more of its pupils or wards in the ordinary course of events do not return
to the homes of their parents or guardians for at least two (2) months of summer vacation;
(k) "Child Placing Agency" shall refer to an institution licensed by the Department to assume the care, custody,
protection and maintenance of children for purposes of adoption, guardianship or foster care;
(l) "Child with Special Needs" shall refer to any child who is difficult to place in view of some physical ,
psychological, and/ or social limitations including but not limited to being an older child, belonging to a sibling
group or those who may be under such analogous circumstances;
(m) "Committee" shall refer to the Inter-country Adoption Placement Committee;
(n) "Competent Authority" shall refer to any State entity which performs all or most of the functions of Chapter II of
the Convention;
(o) "Contracting State" shall refer to any State Party to the Convention;
(p) "Convention" shall refer to The Hague Convention on Protection of Children and Co-operation in Respect of
Inter-Country Adoption;
(q) "Decree of Abandonment" shall refer to the final written
ADMINISTRATIVE OR judicial order declaring a child to be dependent, abandoned, and neglected and committing such child
to the care of the Department through a person or duly licensed child caring/placing agency or institution. The rights
of the biological parents, guardian or other custodian to exercise authority over the child shall cease;
(r) "Deed of Voluntary Commitment" shall refer to the notarized instrument relinquishing parental authority and
committing the child to the care and custody of the Department executed by the child’s biological parent(s) or by the
child’s legal guardian in their absence, mental incapacity or death, to be signed in the presence of an authorized
representative of the Department, after counseling and other services have been made available to encourage the
child’s biological parent(s) to keep the child;
(s) "Department" shall refer to the Department of Social Welfare and Development;
(t) "Foreign Adoption Agency" shall refer to the State Welfare Agency or the licensed and accredited agency in the
country of the foreign adoptive parents that provides comprehensive social services and is duly recognized by the
Board;
(u) "Inter-country Adoption" shall refer to the socio-legal process of
adopting a child by a foreign national or a Filipino citizen
permanently residing abroad where the petition for adoption is filed, the supervised trial custody is undertaken, and
the decree of adoption is issued in the foreign country where the applicant resides thereby creating a permanent
parent-child relationship between the child and the adoptive parents;
(v) "Illegal Adoption" shall refer to an adoption that is effected
in any manner contrary to the provisions of RA 8043, these Rules, established State policies, Executive Agreements and
other laws pertaining to adoption;
(w) "Legally free child" shall refer to a child who, in accordance with
the Child and Youth Welfare Code, has been voluntarily or
involuntarily committed to the Department, or to a duly licensed and
accredited child-placing or child-caring agency, freed of the
parental authority of his/her biological parent/s or guardian/s or
adopter/s in case of rescission of adoption;
(x) "Liaison Service" shall refer to the effective delivery of facilitating social services provided by a licensed
and accredited Child Caring or Child Placing Agency (CCA/CPA)to represent a Foreign Adoption Agency (FAA) in the
Philippines;
(y) "Matching" shall refer to the judicious pairing of the applicant and the child to promote a mutually satisfying
parent-child relationship;
(z) "Non-Contracting State" shall refer to any State not party to the
Convention which the Board has established working relations;
(aa) "Secretary" shall refer to the Secretary of the Department;
(bb) "Special Home Finding" shall refer to the process of recruiting or identifying suitable adoptive parents for
children with special needs through the Central Authority or a Foreign Adoption Agency of the State if there is no
available family in the Roster of Approved Families.
ARTICLE III
INTER-COUNTRY ADOPTION BOARD
SECTION 4 POWERS AND FUNCTIONS OF THE BOARD - THE BOARD SHALL HAVE THE FOLLOWING POWERS AND FUNCTIONS:
a. TO PRESCRIBE RULES AND REGULATIONS AS IT MAY DEEM REASONABLY NECESSARY TO CARRY OUT THE PROVISIONS OF THE ACT,
AFTER CONSULTATIONS AND UPON FAVORABLE RECOMMENDATION OF THE DIFFERENT AGENCIES CONCERNED WITH CHILD-CARING, PLACEMENT
AND ADOPTION;
b. TO SET THE GUIDELINES FOR THE CONVENING OF AN INTER-COUNTRY ADOPTION PLACEMENT COMMITTEE WHICH SHALL BE UNDER THE
DIRECT SUPERVISION OF THE BOARD;
c. TO SET THE GUIDELINES FOR THE MANNER BY WHICH SELECTION/MATCHING OF PROSPECTIVE ADOPTIVE PARENTS AND ADOPTIVE CHILD
CAN BE MADE;
d. TO DETERMINE A REASONABLE SCHEDULE OF FEES AND CHARGES TO BE EXACTED IN CONNECTION WITH THE APPLICATION FOR AND
PROCESS OF ADOPTION AND TO REVISE THE SAME ACCORDINGLY AS IT BECOMES NECESSARY.
e. TO DETERMINE THE FORM AND CONTENTS OF THE APPLICATION FOR INTER-COUNTRY ADOPTION;
f. TO FORMULATE AND DEVELOP POLICIES , PROGRAMS AND SERVICES THAT WILL PROTECT THE FILIPINO CHILD FROM ABUSE,
EXPLOITATION, TRAFFICKING AND ADOPTION PRACTICE THAT IS HARMFUL, DETRIMENTAL AND PREJUDICIAL TO THE BEST INTERESTS OF
THE CHILD;
g. TO INSTITUTE SYSTEMS AND PROCEDURES TO PREVENT IMPROPER FINANCIAL GAIN IN CONNECTION WITH ADOPTION AND DETER
IMPROPER PRACTICES WHICH ARE CONTRARY TO THIS ACT;
h. TO PROMOTE THE DEVELOPMENT OF ADOPTION SERVICES, INCLUDING POST-LEGAL ADOPTION SERVICES;
i. TO ACCREDIT AND AUTHORIZE FOREIGN PRIVATE ADOPTION AGECNIES WHICH HAVE DEMONSTRATED PROFESSIONALISM, COMPETENCE AND
HAVE CONSISTENTLY PURSUED NON-PROFIT OBJECTIVES TO ENGAGE IN THE PLACEMENT OF FILIPINO CHILDREN IN THEIR OWN COUNTRY;
PROVIDED, THAT SUCH FOREIGN ADOPTION AGENCIES ARE DULY AUTHORIZED AND ACCREDITED BY THEIR OWN GOVERNMENT TO CONDUCT
INTER-COUNTRY ADOPTION; PROVIDED HOWEVER, THAT THE TOTAL NUMBER OF AUTHORIZED AND ACCREDITED FOREIGN PRIVATE ADOPTION
AGENCIES SHALL NOT EXCEED ONE HUNDRED A YEAR.
j. TO TAKE APPROPRIATE MEASURES TO ENSURE CONFIDENTIALITY OF THE RECORDS OF THE CHILD, THE NATURAL PARENTS AND THE
ADOPTIVE PARENTS AT ALL TIMES;
k. TO PREPARE, REVIEW, MODIFY AND THEREAFTER, RECOMMEND TO THE DEPARTMENT OF FOREIGN AFFAIRS, MEMORANDA OF AGREEMENT
ON INTER-COUNTRY ADOPTION CONSISTENT WITH THE IMPLEMENTATION OF THIS ACT AND ITS STATED GOALS,
ENTERED INTO, BETWEEN AND AMONG FOREIGN GOVERNMENTS, INTERNATIONAL
ORGANIZATIONS AND RECOGNIZED INTERNATIONAL NON-GOVERNMENTAL
ORGANIZATIONS;
l. TO ASSIST OTHER CONCERNED AGENCIES AND THE COURTS IN THE IMPLEMENTATION OF THIS ACT, PARTICULARLY AS REGARDS
COORDINATION WITH FOREIGN PERSONS, AGENCIES AND OTHER ENTITIES INVOLVED IN HE PROCESS OF ADOPTION AND THE PHYSICAL
TRANSFER OF THE CHILD; AND
m. TO PERFORM SUCH OTHER FUNCTIONS ON MATTERS RELATING TO INTER-COUNTRY ADOPTION AS MAY BE DETERMINED BY THE PRESIDENT.
SECTION 5.MEETINGS.- The Board shall meet regularly or upon the call of the Chairperson. In the absence of the
Chairperson, the members present who constitute a quorum may choose a presiding officer from among themselves. A
majority of all members of the Board shall constitute a quorum. The Board may hold meetings in executive session.
SECTION 6.VOTING.- The Board shall act as a collegial body. The vote of a majority of the members of the Board
constituting a quorum shall be necessary to perform its functions as provided in the Act. The Chairperson of the
Board shall not vote in a meeting except to break a tie.
ARTICLE IV
SECRETARIAT
SECTION 7.EXECUTIVE DIRECTOR.- The Board shall have a Secretariat headed by an Executive Director who shall be
appointed by the Chairperson with the concurrence of a majority of the members of the Board.
SECTION 8.FUNCTIONS OF THE EXECUTIVE DIRECTOR.-The Executive Director shall act as the executive officer of the
Secretariat and shall exercise supervision over its personnel. He/she shall act as the Secretary of the Board.
SECTION 9.QUALIFICATIONS OF THE EXECUTIVE DIRECTOR.-The Executive Director shall have the qualifications of a Director
IV, a master’s degree in Social Work or its equivalent in a related discipline, and at least five (5) years of
supervisory experience, two (2) years of which should be in the area of child care and placement.
SECTION 10.SUPPORT STAFF.-The Secretariat shall have such operating units and personnel as the Board may find
necessary for the proper performance of its function.
SECTION 11.FUNCTIONS OF THE SECRETARIAT.-The functions of the Secretariat shall include the following:
(a) Provide secretariat, records keeping and other services to the
Board and the Committee;
(b) Review, and process applications, matching proposals,
placements, and all documents requiring action by the Board;
(c) Maintain and facilitate communications with the Committee and the different government offices; non-governmental
agencies, Central Authorities (CAs); Foreign Adoption Agencies (FAAs) and in proper cases through the Department of
Foreign Affairs (DFA) or Philippine Foreign Service Posts and the general public;
(d) Review, AND PROCESS licensing, accreditation AND AUTHORTIZATION applications and status of agencies for action by
the Board;
(e) Perform such other duties as the Board may direct.
ARTICLE V
INTER-COUNTRY ADOPTION PLACEMENT COMMITTEE
SECTION 12.COMPOSITION.-THE BOARD SHALL MAINTAIN A POOL FROM WHERE A STEERING COMMITTEE SHALL BE CHOSEN. This
Committee shall be composed of A POOL OF consultants consisting of the following representations: a child
psychiatrist or clinical psychologist, a medical doctor, a lawyer, a registered social worker, and a representative
of a non-governmental organization engaged in child welfare. Provided, that in every matching conference, there must
be a quorum.
The Board shall appoint qualified persons who shall serve in the Committee for a term of two (2) years which may be
renewed twice at the discretion of the Board.
SECTION 13.FUNCTIONS OF THE COMMITTEE.-The Committee shall have the following functions:
(a) Carry-out an integrated system and network of selection and
matching of applicants and children;
(b) Recommend to the Board approval of applications and matching
proposals;
(c) Act as consultants to the Secretariat in their area/field of expertise;
(d) Assist the Board in its accreditation function; and
(e) Perform such other functions and duties as may be determined by the Board.
SECTION 14.ALLOWANCES OF COMMITTEE MEMBERS.- A Committee member shall receive an honorarium WHICH SHALL BE DETRMINED
BY THE BOARD.
SECTION 15.RULES AND PROCEDURES.- The Committee shall submit, for the approval of the Board, its internal rules and
procedures and any amendments thereafter.
SECTION 16.MEETINGS.-The Committee shall meet regularly or upon the call of the Board.
ARTICLE VI
AUTHORIZATION AND ACCREDITATION
SECTION 17.LOCAL CHILD CARING AND CHILD PLACING AGENCIES.-Only a local child caring and placing agency licensed and
accredited by the Department and with personnel and facilities to undertake a comprehensive child welfare program
shall be accredited by the Board to participate in the inter-country adoption program. CHILD CARING AGENCIES/CHILD
PLACING AGENCIES SHALL ENSURE THEIR ACCREDITATION BY THE DEPARTMENT WITHIN ONE (1) YEAR FROM THE DATE OF ISSUANCE OF
THEIR REGISTRATION AND /OR LICENSE.
SECTION 18.COOPERATION WITH CENTRAL AUTHORITIES AND AUTHORIZATION OF FOREIGN ADOPTION AGENCIES OF CONTRACTING
STATES.-The Central Authorities of Contracting States may adopt a system of cooperation to implement this process of
authorization.
Only a foreign adoption agency which is duly accredited by the Central Authority of a Contracting State may
participate in the Philippine Inter-Country Adoption Program. An authorization from the Board may be issued upon
submission of the requirements provided for in Section 18.
The DESIGNATED Board MEMBER/S OR DULY AUTHORIZED REPRESENTATIVE/S OF THE BOARD may conduct an ocular visit to a
foreign adoption agency duly AUTHORIZED by the Central Authority of a Contracting State. THERE SHALL BE A PROCESS TO
DETERMINE IF THE AUTHORIZATION CAN BE DONE THROUGH DESK REVIEW OF SUBMITTED DOCUMENTS OR NEEDING AN OCULAR VISIT.
SECTION 19.ACCREDITATION OF FOREIGN ADOPTION AGENCIES OF NON-CONTRACTING STATES.- A foreign adoption agency operating
in a Non-Contracting State shall be likewise required by the Board to submit the following documents for the purpose
of accreditation.
(a) A license and/or accreditation or authorization from its government to operate as an adoption agency to carry out
inter-country adoptions;
(b) Name and qualifications of the members of the Board of
Directors, senior officers and other staff involved in inter-country adoption;
(c) Detailed description of its programs and services,
researches and publications;
(d) Audited financial report including sources of funds,
adoption fees and charges;
(e) Undertaking under oath that it shall assume responsibility for the selection of qualified applicants; that it
shall comply with the Philippine laws on inter-country adoption; that it shall inform the Board of any change in the
foregoing information; and shall comply with post adoption requirements as specified by the Board; and
(f) Such other requirements which the Board may deem necessary in the best interests of the child.
The abovementioned documents, written, and in the proper case officially translated to English, and whenever
practicable, authenticated by Philippine Consular authorities, shall be submitted to the Board.
The Board shall conduct an accreditation visit to foreign adoption agencies from a Non-Contracting State AS THE BOARD
SEES FIT.
SECTION 20.RENEWAL OF AUTHORIZATION/ACCREDITATION.- The Board shall periodically review previously
AUTHORIZED/accredited foreign adoption agencies in order to ensure that all pertinent requirements for inter-country
adoption are current and valid. An FAA shall notify the Board of their interest in renewing their
AUTHORIZATION/accreditation at least sixty (60) days before the expiration of their AUTHORIZATION/accreditation. The
AUTHORIZATION/accreditation visit by the Board shall be done periodically.
SECTION 21. ACCREDITATION AND AUTHORIZATION COSTS - UPON APPLICATION FOR ACCREDITATION, AUTHORIZATION AND ITS
RENEWAL, THE FOREIGN ADOPTION AGENCY (FAA) SHALL PAY A NON-REFUNDABLE COST WHICH SHALL BE PRIMARILY UTILIZED FOR ALL
EXPENSES RELATIVE TO THE BOARD’S CONDUCT OF AN ACCREDITATION AND/OR AUTHORIZATION VISIT TO FOREIGN ADOPTION
AGENCY/IES OF CONTRACTING OR NON-CONTRACTING STATE.
SECTION 22.LIAISON SERVICES.-Only a non-profit licensed and accredited child caring or child placing agency shall be
allowed to serve as a representative of a foreign adoption agency subject to prior approval of the Board based on
specific requirements.
The Board shall periodically review the liaison services of the agency and may terminate any such service when, after
a thorough evaluation, the agency is proven to have violated the requirements under these Rules. The agency
concerned shall be given prior notice as provided for in Section 23.
ARTICLE VII
SUSPENSION OR REVOCATION
OF AUTHORIZATION OR ACCREDITATION
SECTION 23.GROUNDS.-The Board shall suspend or revoke the accreditation of a child caring or placing agency or foreign
adoption agency if shown to have engaged in any of the following acts:
(a) Imposing or accepting directly or indirectly any consideration, money, goods or services in exchange for an
allocation of a child in violation of the Rules;
(b) Misrepresenting or concealing any vital information required
under the Rules;
(c) Offering money, goods or services to any member, official or employee, or representative of the Board, to give
preference in the adoption process to any applicant;
(d) Advertising or publishing the name or photograph of a
child for adoption to influence any person to apply for adoption. However, in cases of hard to place children where
Special Home Finding efforts may have to be undertaken, guidelines shall be promulgated by the Board.
(e) Failure to perform any act required under the Rules which results
in prejudice to the child or applicant;
(f) Appointing or designating any liaison or agent without the prior approval of the Board;
(g) Any other act in violation of the provision of the Act, the IMPLEMENTING Rules AND REGULATIONS and other related
laws OR ISSUANCES OF THE BOARD.
SECTION 24.WHO MAY INITIATE ACTION TO SUSPEND OR REVOKE AUTHORIZATION OR ACCREDITATION.-The Board, motu proprio, or
upon written complaint, or any information regarding any violation or irregularity, may order the initial inquiry of
an agency and upon being satisfied that the report, complaint or request for investigation has legal and factual
basis, shall furnish the agency concerned with the copy of the complaint or a brief statement of the report or
request and shall require the agency concerned to answer within fifteen (15) working days from receipt of notice.
SECTION 25.PROCEEDINGS FOR SUSPENSION OR REVOCATION.-Upon receipt of the answer the Board shall conduct a hearing or
investigation and decide according to the evidence within 90 days therefrom. The DSWD shall be duly notified of the
formal investigation of a Child Caring or Placing Agency. FAILURE TO ANSWER WITHIN THE REQUIRED PERIOD SHALL BE
CONSIDERED AS GROUNDS FOR SUMMARY SUSPENSION OR REVOCATION OF THE ACCREDITATION/AUTHORIZATION OF A CHILD CARING
AGENCY, CHILD PLACING AGENCY OR FOREIGN ADOPTION AGENCY.
SECTION 26.PREVENTIVE SUSPENSION.-The Board may preventively suspend for a maximum of 90 working days, any dealings
with the agency concerned during pendency of the investigation depending on the gravity of the violation charged,
provided that no child shall be prejudiced by such action.
SECTION 27.ACTION OF THE BOARD.- Upon termination of the investigation, the decision of the Board shall be
communicated in writing to the agency concerned, the Department, the regulatory agency of the state or country where
the agency operates, and the Department of Foreign Affairs.
ARTICLE VIII
INTER-COUNTRY ADOPTION PROCESS
SECTION 28.WHO MAY BE ADOPTED.-Any child who has been voluntarily or involuntarily committed to the Department as
dependent, abandoned or neglected pursuant to the provisions of the Child and Youth Welfare Code may be the subject
of Inter-Country Adoption; Provided that in the case of a child who is voluntarily committed, the physical transfer
of said child shall be made not earlier than six (6) months from the date of execution of the Deed of Voluntary
Commitment by the child’s biological parent/s or guardian. Provided further, however, that this prohibition against
physical transfer shall not apply to children being adopted by a relative nor to children with special medical
conditions.
SECTION 29.WHO MAY ADOPT.-Any foreign national or Filipino citizen permanently residing abroad who has the
qualifications and none of the disqualifications under the Act may file an Application if he/she:
(a) Is at least twenty-seven (27) years of age and is at least sixteen (16) years older than the child to be adopted
at the time of the filing of the application, unless the applicant is the parent by nature of the child to be adopted
or is the spouse of such parent by nature;
(b) Has the capacity to act and assume all the rights and responsibilities incidental to parental authority under
his/her national law;
(c) Has undergone appropriate counseling from an accredited counselor in his/her country;
(d) Has not been convicted of a crime involving moral turpitude;
(e) Is eligible to adopt under his/her national law;
(f) Can provide the proper care and support and give the necessary moral values and example to the child and, in the
proper case, to all his/her other children;
(g) Comes from a country
(i) With whom the Philippines has diplomatic relations;
(ii) Whose government maintains a foreign adoption agency; and
(iii) Whose laws allow adoption; and
(h) Files jointly with his/her spouse, if any, who shall have the same qualifications and none of the
disqualifications to adopt as prescribed above.
SECTION 30. APPLICANTS’ SUPPORTING DOCUMENTS.-Supporting documents to be attached to the Application shall consist of
the following:
(a) Birth Certificate of the Applicants and, in cases of relative adoption, such relevant documents that establish the
relationship between the applicant claiming relationship to the child to be adopted;
(b) Marriage Contract of the applicants, and in the proper case, Decree of Divorce of a previous marriage;
(c) Written consent to the adoption in the form of a sworn statement by the biological and/or adopted children of the
applicants who are ten (10) years of age or over;
(d) Physical and medical evaluation by a duly licensed physician;
(e) Psychological evaluation by a psychologist;
(f) Latest income tax return or other documents showing the financial capability of the applicant;
(g) Clearances issued by the Police Department or other proper
government agency of the place where the applicants reside;
(h) Character reference from the local church/minister, the applicant’s employer and a member of the immediate
community who have known the applicant(s) for at least five (5) years; and
(i) A Certification from the appropriate government agency that the applicant is qualified to adopt under his/her
national law and that the child to be adopted is allowed to enter the country for trial custody and reside permanently
in the said place once adopted; and
(j) Recent postcard size pictures of the applicant, their immediate family members and their home.
SECTION 31. FEES, CHARGES AND ASSESSMENTS.- There shall be a fee TO BE DETERMINED BY THE BOARD upon filing of the
application for adoption. Upon acceptance of the matching proposal, a corresponding fee shall be charged based on a
schedule of fees fixed by the Board and communicated to all Central Authorities and Foreign Adoption Agencies. These
AND OTHER fees shall BE CHARGED TO support the operational expenses of the inter-country adoption program. Such fees,
charges and assessments shall be indicated in the application form and communicated to all Central Authorities and
foreign adoption agencies.
SECTION 32. WHERE TO FILE APPLICATION.- The application shall be filed with the Board through the Central Authority or
an accredited Foreign Adoption Agency (FAA) in the country where the applicant resides. In the case of foreign
nationals who file a petition for adoption in the Philippines under the Domestic Adoption Act of 1998 otherwise known
as RA 8552, the Court, after finding the petition to be sufficient in form and substance and a proper case for
inter-country adoption, shall immediately transmit the petition to the Board for appropriate action. The Board shall
then act on the application following the procedures described in these Rules.
SECTION 33.ROSTER OF APPROVED APPLICANTS.- THE BOARD SHALL ESTABLISH A ROSTER OF APPROVED APPLICANTS TO BE UPDATED
PERIODICALLY. The Board shall act on each application within one (1) month from receipt thereof, provided the
application is complete.
SECTION 34.ENDORSEMENT OF CHILD FOR INTER-COUNTRY ADOPTION.- A child who has been committed to the Department and who
may be available for inter-country adoption shall be endorsed to the Board by the Department. The endorsement shall
contain a certification by the Department that all possibilities for adoption of the child in the Philippines have
been exhausted and that inter-country adoption is in the best interests of the child.
In cases of relative adoption, a Certification shall be issued by the DSWD Field Office Director together with the
Child Study Report (CSR) and other supporting documents.
SECTION 35.CHILD’S SUPPORTING DOCUMENTS.-The following documents pertaining to the child shall be attached to the
endorsement:
(a) Child Study and/or Updated Report prepared at the time of matching shall include information about the child’s
identity identity, upbringing, and ethnic, religious and cultural backgrounds, social environment,
family history, medical history and special needs;
(b) Security Paper (SECPA) of the Birth or Foundling Certificate;
(c) Certified True Copy of Decree of Abandonment together with the Certificate of Finality for such judgment or
Notarized Deed of Voluntary Commitment executed after the birth of the child;
(d) Certified True Copy of Death Certificate of child’s birthparent/s, if applicable;
(e) Medical evaluation or history, including that of the child’s bio-
-logical parents, if available, and updated medical abstract;
(f) Psychological evaluation report, as may be necessary;
(g) Child’s own written consent to adoption, if he/she is ten (10) years or older, witnessed by a social worker of the
Child Caring/Placing Agency and after proper counseling;
(h) Most recent whole body size picture of the child, if applicable, any physical impairment of the child should be
visible.
SECTION 36. ROSTER OF CHILDREN CLEARED FOR INTER-COUNTRY ADOPTION.-A Roster of Children endorsed by the Department for
inter-country adoption shall be prepared, maintained and updated by the Secretariat on a monthly basis.
SECTION 37. MATCHING.-The matching of the child with an applicant shall be carried out during a matching conference by
the Committee TOGETHER WITH the Executive Director or social worker of the Child Caring Agency, DSWD RSCC SOCIAL
WORKER or the Secretariat. The Board shall set the guidelines for the manner by which the matching process shall be
conducted and shall include, among others, the following:
(a) Matching Proposal
(b) Filing of matching proposal
(c) Presentation by the social worker
(d) Deliberations
(e) Committee Action
(f) Motion for Reconsideration
SECTION 38.APPROVAL OF MATCHING.-The Committee shall endorse the matching proposal to the Board for its approval or
other appropriate action. The endorsement shall state the reasons for the Committee’s recommendation of the
placement.
SECTION 39.BOARD ACTION ON APPROVED MATCHING.-The Board shall immediately act on the matching proposal of the
Committee. If the same is approved, a notice of matching shall be sent to the concerned Central Authority or foreign
adoption agency within five (5) days from the date of approval and shall be accompanied by the following documents:
(a) Child Study Report;
(b) Health Certificate and medical history of the child and psychological evaluation report, if applicable;
(c) A recent photograph of the child; and
(d) Itemized pre-adoptive placement costs.
The applicant/s shall notify the Central Authority or Foreign Adoption Agency in writing of their decision on the
matching proposal within fifteen (15) calendar days from receipt of said proposal unless the applicant requests for
additional information about the child and/or they request for more time to arrive at a decision but not to exceed
thirty (30) calendar days. The matching proposal shall be deemed rejected if the applicant, through the Central
Authority or the foreign adoption agency, fails to notify the Board of his/her decision within thirty (30) calendar
days from receipt of the notice.
SECTION 40.NO CONTACT BETWEEN APPLICANT AND CHILD’S PARENTS.- No matching arrangement except under these Rules shall
be made between the applicant and the child’s parents/guardians or custodians, nor shall any contact between them
concerning a particular child be done before the matching proposal of the Committee has been approved by the Board.
This prohibition shall not apply in cases of adoption of a relative or in cases where the child’s best interests as
determined by the Board is at stake.
SECTION 41.PLACEMENT AUTHORITY.-The Board shall issue the Placement Authority within THREE (3) working days upon
receipt of the applicant’s acceptance of the matching proposal with the corresponding fees from the Central Authority
or the FAA.
The Board shall transmit a copy of the Placement Authority to the Department of Foreign Affairs and to the Central
Authority or FAA.
SECTION 42.PRE-ADOPTIVE PLACEMENT COSTS.- Upon acceptance of the matching proposal, the applicant, through the Central
Authority or the FAA shall pay the expenses incidental to the pre-adoptive placement of the child, including the cost
of the child’s travel, medical and psychological evaluation and other related expenses.
SECTION 43.PRE-DEPARTURE PREPARATION OF THE CHILD.-After the issuance of the Placement Authority and prior to the
departure, the child shall be prepared for his/her placement by the concerned Child Caring/Placing Agency by providing
appropriate services in order to minimize the anxiety and trauma due to separation from the persons with whom the
child may have formed attachments. Further, the preparation shall ensure that the child is physically able and
emotionally ready to travel and to form new relationships.
SECTION 44.PHYSICAL TRANSFER OF THE CHILD.-The ADOPTIVE PARENTS OR ANYONE OF THEM shall personally fetch the child
from the Philippines not later than TWENTY (20) calendar days after notice of issuance of the visa of the child for
travel to the country where the applicant resides. The applicant shall stay in the country with the child for at least
five (5) days to allow bonding to occur between and among them.
SHOULD THE APPLICANTS BE UNABLE TO FETCH THE CHILD/REN WITHIN THE SAID PERIOD, A LETTER EXPLAINING SUCH SHALL BE
REQUIRED FROM THEM. The unauthorized failure of the applicant/s to fetch the child within said period may result in
the cancellation of the Placement Authority.
SECTION 45.FAILURE OF THE PHYSICAL TRANSFER TO OCCUR.- In case the applicant/s decide not to pursue the adoption of
the child during the period of their stay in the country, they shall duly notify the Board and/or the child-caring
agency. Appropriate steps shall be undertaken by the Board to ensure that the best interests of the child is
protected.
The Board shall immediately inform the Central Authority and/or the FAA about the decision of the applicants to leave
the child/ren behind and that appropriate assessment and intervention will be provided for the applicants.
All travel documents of the child shall be turned over by the applicants to the Secretariat before returning to their
country. In accordance with Article 19 (3) of the Hague Convention, the applicants’ documents shall be returned to the
Central Authority or FAA concerned.
SECTION 46.TRANSFER OF CUSTODY OF THE CHILD.- Trial custody shall start upon physical transfer of the child to the
applicant who, as custodian, shall exercise substitute parental authority over the person of the child.
SECTION 47.SUPERVISION OF PRE-ADOPTIVE PLACEMENT.- The Central Authority and/or the FAA of the State to which the
child has been transferred shall supervise and monitor the placement of the child with the applicants by maintaining
communication with the applicants from the time the child leaves the Philippines up to the time adoption is finalized.
The FAA shall be responsible for the pre-adoptive placement, care and family counseling of the child for at least six
(6) months from his/her arrival in the residence of the applicant/s. During the pre-adoptive placement, the FAA shall
furnish the Board with QUARTERLY reports on the child’s health, psycho-social adjustment, relationship with the
applicant/s. The report shall also include information regarding the applicants’ health, financial status and legal
capacity. The Board shall furnish the child’s CCA a copy of each of these reports.
Relative adoptions are subject to the same requirements under this Section.
SECTION 48.EMERGENCY INTERVENTION AND REPORT.-During the trial custody period, the Central Authority and/or the FAA
shall immediately notify the Board of any serious ailment, injury or abuse suffered by the child or adoptive
parent(s).
In every case, the Central Authority and/or the FAA shall take the following measures to protect the child:
a) Medical/psychological interventions;
b) Emergency foster care; and
c) Respite care.
A report shall be submitted to the Board within seventy-two (72) hours, to include the nature of the injury and the
interventions provided. All efforts shall be exhausted to return the child to the applicant/s.
In the event that all efforts to restore the parent-child relationship between the child and the applicant/s fail,
Sections 50and 51 of these Rules shall apply.
SECTION 49. DISRUPTION AND TERMINATION OF PLACEMENT.- In the event of serious damage in the relationship between the
child and the applicant/s where the continued placement of the child is not in his/her best interests, the Central
Authority and/or the FAA shall take the necessary measures to protect the child, in particular, to cause the child to
be withdrawn from the applicant/s and to arrange for his/her temporary care.
The Central Authority and/or FAA shall exhaust all means to remove the cause of the unsatisfactory relationship which
impedes or prevents the creation of a mutually satisfactory adoptive relationship. A complete report should be
immediately forwarded to the Board with actions taken as well as recommendations and appropriate plans. Based on the
report, the Board may terminate the pre-adoptive relationship.
In every instance, the collaboration between and among the Central Authority and/or the FAA and the Board shall be
carried out to ensure the protection of the child.
SECTION 50.NEW PLACEMENT FOR CHILD.- In the event of termination of the pre-adoptive relationship, the Board shall
identify from the Roster of Approved Applicants a suitable family with whom to place the child. The Central Authority
and/or the FAA may also propose a replacement family whose application shall be filed for the approval of the Board.
No adoption shall take place until after the Board has approved the application of such replacement family.
Taking into consideration the age and degree of maturity of the child, he or she shall be consulted and, where
appropriate, his or her consent obtained.
In the entrustment of the child to a replacement family, Sections 41 and Sections 46-48 of these Rules shall apply.
A foster family who eventually decides to apply to adopt the child under their care shall comply with the requirements
of Sections 28-32 and Sections 36-38 of these Rules.
SECTION 51.REPATRIATION OF THE CHILD.- If the Board, in coordination with the Central Authority and/or the FAA is
unable to find a suitable placement for the child within a reasonable period after the termination of the pre-adoptive
relationship, the Board, as a last resort, shall arrange for the child’s repatriation. THE ADOPTIVE PARENTS THROUGH
THE CA/FAA shall SHOULDER THE COST OF the child’s repatriation. The Board shall inform the Department, the Child
Caring/Placing Agency concerned and the Department of Foreign Affairs of the decision to repatriate the child.
SECTION 52.CONSENT TO ADOPTION.- If a satisfactory pre-adoptive relationship is formed between the applicant/s and the
child, the Board shall transmit an Affidavit of Consent to Adoption executed by the Department to the Central
Authority and/or the FAA within FIFTEEN (15) days after receipt of the last post placement report.
SECTION 53.FILING OF PETITION FOR ADOPTION.-The Central Authority and/or the FAA shall ensure that the applicant/s
file the appropriate petition for the adoption of the child to the proper court or tribunal or agency in accordance
with their national law.
SECTION 54.DECREE OF ADOPTION.- A copy of the final Decree of Adoption or its equivalent, including the Certificate of
Citizenship/Naturalization, whenever applicable, shall be transmitted by the Central Authority and/or the FAA to the
Board within one (1) month after its issuance. The copy of the Decree of Adoption shall form part of the records of
the Board, which shall require the recording of the final judgment in the appropriate Civil Registry.
SECTION 55.DISMISSAL OF PETITION FOR ADOPTION.- In case of dismissal or disapproval of the petition for adoption by
the foreign tribunal or agency filed by the applicant, the procedures under Sections 48, 49 and 50 shall apply.
SECTION 56.POST ADOPTION SERVICES.- The Board shall allocate funds for Post Adoption Services and Research. It shall
also establish guidelines to cover this program.
ARTICLE IX
CONFIDENTIALITY
SECTION 57.RECORDS.- All records relating to adoption cases and proceedings shall be kept confidential. No
information thereof shall be released without written authority from the Board or from any of the following:
(a) The adopted person of legal age;
(b) The guardian of the adopted person if still a minor or
under guardianship;
(d) The adopted person’s duly authorized representative;
(e) The court or proper public official whenever necessary in an administrative, judicial or other official proceeding
to determine the identity of the parent or parents or of the circumstances surrounding the birth of the adopted
person; or
(e) The nearest of kin, e.g. spouse, parent(s), direct descendant(s), etc. in case of the death of the adopted person.
SECTION 58. PRESERVATION OF INFORMATION.- The Board shall ensure that information held by them concerning the origin
of the adopted person, in particular the identity of his/her biological parents, as well as his or her medical history
is preserved.
The Central Authority, the Competent Authority of a Contracting State, the FAAs and the Board shall ensure that the
adopted person or his or her representative has access to such information, under appropriate guidance, in so far as
is permitted by the law of that State.
Article X
PENALTIES
SECTION 59.- PENALTIES.- Any violation of the provisions of RA 8043 and/or these Implementing Rules and Regulations
shall be penalized in accordance with Art. IV Sections 16 and 17 of the Act.
An adoption shall be presumed illegal if:
(a) The consent for an adoption was acquired through, or attended by
coercion, fraud, or improper material inducement;
(b) There is no authority from the Board to effect adoption; or
(c) If the child to be adopted is subjected or exposed to danger, abuse
and exploitation.
ARTICLE XI
FINAL PROVISIONS
SECTION 60.INTERPRETATION OF THE PROVISIONS OF THE RULES.- Any doubt or vagueness in the provisions of these Rules
shall be interpreted in consideration of the best interests of the child.
SECTION 61.REPEALING CLAUSE.- These Rules shall supersede any other rules and regulations on the Inter-country
Adoption of Filipino Children.
SECTION 62.SEPARABILITY CLAUSE.- The declaration of invalidity of any provision of these Rules or part thereof shall
not affect the validity of the remaining provisions.
SECTION 63.EFFECTIVITY CLAUSE.- These Amended Rules shall take effect fifteen (15) days after its publication in two
(2) newspapers of general circulation.
Approved on the __________________in the year of the Lord Two Thousand and _________.
INTER-COUNTRY ADOPTION BOARD
ESPERANZA ICASAS-CABRAL
CHAIRPERSON
LUWALHATI F. PABLO
ALTERNATE CHAIRPERSON
MA. LYRA T. DEL CASTILLO GWENDOLYN P. GANA
Licensed Social Worker Lawyer
MA. ANGELES P. FULLERTON ERIC HENRY JOSEPH F. MALLONGA
NGO Representative Lawyer
Not so long ago in a previous century, women were relegated to second-class status in the workplace and, somewhat more subliminally, in the family. But those days are long gone, as an exclusive report in today’s edition of The Sunday Telegraph shows.
In half a million households around Australia today, women are the major breadwinner.
The news, while welcomed, is stunning and goes a long way to changing the demographic face of our population. Where once, women were expected to be the exclusive homemakers of family life, they are now encouraged to be the primary income-earner in many cases. And indeed, as our report shows, they are willing and able to take on that burdensome role.
Of course, this means that more men are running the domestic businesses, and businesses they are, that keep our country afloat, which is a good thing.
Australia is a country that is continually changing and evolving in a way that will benefit future generations. But the statistics illuminate the ongoing problems in child care and the oft-debated issues of paid maternity and paternity leave.
While many companies have introduced provisions for paid maternity and paternity leave, Australia is still about 10 years away from introducing a mandatory system in which all women who decide to have children are paid while taking a brief respite from the workplace to care for newborn children, according to the director of the Equal Opportunity and Women in the Workplace agency, Anna McPhee.
We live in an era in which women and men have delayed having children while focusing on a career and, as a result, Australia has a perilously declining birth rate.
Not so long ago, the Federal Treasurer, Peter Costello, encouraged families to have three children, one for the mother, one for the father and one for the country.
Such encouragement comes with obligations. The Government must ensure that companies provide enough good-quality childcare places and that they are able to pay mothers and fathers who need to take leave while caring for a new baby.
Children are the future; they are future employees and taxpayers.
But children are expensive, and reversing a declining birth rate comes with mutual obligations.
Governments and companies have a duty to provide.
Mothers have a special place in all our hearts and, given that we celebrate mums today, The Sunday Telegraph thought it would be more than appropriate to extend our wishes to all mothers, but specifically to a handful of Australian mums who have been doing it tough in recent weeks.
When taking time to reflect on the meaning and joys of motherhood today, spare a thought for Carolyn Martin, the devoted mum of five-year-old burns survivor and car crash victim, Sophie Delezio. And take time to say a prayer of thanks on behalf of the mothers of Tasmanian miners Todd Russell and Brant Webb.
These three women typify motherly love in that their resilience and strength of character saw them refuse to give up on their children, no matter what age or circumstance. So, to mums everywhere, here’s wishing you all a happy and special Mother’s Day.
Holy See OKs Revised Norms in Sex-Abuse Cases
U.S. Bishops Get a Decree Signed by Cardinal Re
WASHINGTON, D.C., MAY 9, 2006 (Zenit.org).- The Congregation for Bishops has granted its "recognition," its permission to implement, to the U.S. bishops’ revised norms on dealing with clerical sex-abuse allegation.
The Vatican dicastery gave its permission for the "Essential Norms for Diocesan/Eparchial Policies Dealing with Allegations of Sexual Abuse of Minors by Priests or Deacons," adopted by the bishops’ conference last June.
The decree of the congregation, signed by its prefect, Cardinal Giovanni Battista Re, grants the "recognitio" indefinitely.
The decree, dated Jan. 1, was received by Bishop William Skylstad, president of the episcopal conference, during an April meeting at the Vatican congregation which was part of the annual spring meetings of the officers of the bishops’ conference with the heads of offices of the Holy See.
Bishop Skylstad has issued a decree promulgating the revised "Essential Norms." They are in force as of next Monday, and bind, as particular church law for the United States, all dioceses and eparchies (dioceses of the Eastern Catholic Church) of the U.S. bishops’ conference.
A document containing essential norms was first adopted by the U.S. conference in June 2002, and was subject to revision by a mixed commission made up of representatives of the Holy See and members of the episcopal conference.
The result of the mixed commission’s work was the original Essential Norms which were adopted by the U.S. conference in November 2002. They received the required "recognition" by the Congregation for Bishops on Dec. 8, 2002, and were promulgated by the then conference president four days later.
A side-by-side comparison of the 2002 and 2006 norms appears at www.usccb.org/ocyp/2005RevisedEssentialNormsComparison.pdf.
