Dear PAO,
My cousin, who is now 25 years old, is really not the biological child of my aunt and uncle, but they registered her as their child, so she has her own birth certificate which reflects the names of my aunt and uncle as her parents. Now, someone told her that my aunt and uncle should seek for the rectification of her birth record because there might be a problem eventually, especially when my aunt and uncle pass away. My cousin is concerned that this might put her parents (my aunt and uncle) in a precarious position considering that they were the ones who registered her birth, making it appear that she is their biological child. Is there a way for them to be exempted from criminal liability? My aunt and uncle are the kindest persons and they only simulated my cousin’s birth certificate in order to protect her from her abusive biological parents and provide her with a good future, which she has now. Please advise.
Riva
Dear Riva,
Republic Act (RA) 11222, otherwise known as the Simulated Birth Rectification Act, which took effect on March 29, 2019, provides an amnesty to those who simulated the birth record of a child and allows the rectification of such a simulated birth record if the simulation was made in the best interest of the child. To be certain, Sections 4 and 5 of RA 11222 provides:
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“Section 4. Rectification of Simulated Birth Record. – Notwithstanding any provision of law to the contrary, a person or persons who, prior to the effectivity of this Act, simulated the birth of a child, and those who cooperated in the execution of such simulation, shall not be criminally, civilly, or administratively liable for such act: Provided, That the simulation of birth was made for the best interest of the child and that the child has been consistently considered and treated by such person or persons as her, his, or their own daughter or son: Provided, further, That such person or persons has or have filed a petition for adoption with an application for the rectification of the simulated birth record within ten (10) years from the effectivity of this Act: Provided, finally, That all the benefits of this Act shall also apply to adult adoptees.
“Section 5. Administrative Adoption and Rectification. – A person or persons who simulated the birth of a child under the conditions provided under Section 4 of this Act may avail of administrative proceedings for the adoption and rectification of the simulated birth record of such child: Provided, That the child has been living with the person for at least three (3) years before the effectivity of this Act: Provided, further, That a certificate declaring the child legally available for adoption (CDCLAA) is issued by the DSWD in favor of such child.”
Corollary, your aunt and uncle may file the petition for adoption with an application for rectification of a simulated birth record, provided that they can establish that the simulation of birth took place before March 29, 2019, that such simulation was made for the best interest of your cousin, that the latter has been consistently considered and treated by them as their own daughter, and that the latter has been living with them for at least three years before said effectivity date.
The petition must be filed within ten years from March 29, 2019 (Section 4, id.) and only before the Office of the Social Welfare and Development Officer (SWDO) of the city or municipality where your cousin resides. (Section 10, id)
We wish to emphasize that any and all documents and evidence submitted relating to such petition for adoption with an application for rectification of simulated birth record cannot be used against your aunt and uncle, as guaranteed by Section 6 of RA 11222:
“Section 6. Inadmissible Evidence. – All petitions, documents, records, and papers relating to adoption and rectification of simulated births under this Act cannot be used as evidence against those who simulated the birth of a child or who cooperated in the execution of such simulation in any criminal, civil, or administrative proceeding.”
We hope that we were able to answer your queries. This advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated on.
Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to [email protected]
