Statement of CHR Executive Director, Atty.

Jacqueline
Ann de Guia, welcoming the signing into law of Republic
Act No. 11767 or the Foundling Recognition and
Protection Act

Earlier this year, the Commission on Human Rights (CHR) lauded the Senate for approving
on the third and final reading Senate Bill 2233 which provides additional rights and welfare
to ‘foundlings’ or abandoned children with unknown parents. On 6 May 2022, President
Rodrigo Duterte finally signed the bill into law.

Republic Act No. 11767, or the Foundling Recognition and Protection Act states that a
foundling found in the country or in Philippine embassies, consulates and territories abroad,
is presumed a natural-born Filipino citizen regardless of the status or circumstances of the
child’s birth.

While CHR has previously explained that, as enshrined in Article 15 of the Universal
Declaration of Human Rights, a foundling’s right to nationality at birth is self-executing –
that is, the State has the obligation to grant them citizenship even without an enabling local
law since it is “an obligation erga omnes (toward all) to prevent statelessness” – the
Commission also lays emphasis on the vulnerability of deserted children in our society.

Thus, we duly welcome this development as it provides abandoned children relief from
unprepared parents. Infants 30 days old or younger can be turned over to “safe haven”
institutions such as licensed child-caring agencies, Department of Health-accredited health
facilities, local social welfare and development offices and Department of Social Welfare
and Development- or local government unit-managed residential care facilities so they can
receive the nurture they rightfully deserve.

The Commission feels more assured by the existence of a national law that will ensure their
access to government programs and services such as healthcare, education, facilitation of
documents for adoption, and security, among many others.

CHR continues to strongly advocate for more institutionalized provisions to safeguard

children’s access to a good and healthy life.