Dear PAO,

I am a pastor of a small town church in our province. One day, I saw a baby wrapped in swaddling clothes left at the doorstep of our church. We did not have any CCTV installed within the premises, and nobody heard or witnessed anything. I am worried about the welfare of the child, and the church can take her in. I am not familiar with the foster care laws in the Philippines. Can we take care of the child? Or should we surrender the child to government authorities?

Norman

Dear Norman,

Please be informed of Art. III, Sections 13-16 of Republic Act 11767, otherwise known as the “Foundling Recognition and Protection Act,” which states that churches are among the designated safe havens for neglected, stateless, and abandoned or deserted children. The principal purpose of the law is to protect “foundlings” and ensure that they are given proper care and legal recognition. Hence, a safe haven is required by the said law to have the following duties and responsibilities, according to Section 14 thereof:

“Section 14. Duties and Responsibilities of the Safe Haven Provider. – The safe haven provider shall:

“(a) Act appropriately to take care of the infant;

“(b) Inform the parent that the parent may, but is not required to answer questions regarding the identity and medical history of the infant;

“(c) Confirm, if practicable, that the parent wishes to permanently relinquish their parental rights and release the infant for adoption; and

“(d) Within the forty-eight (48) hours from the time of relinquishment of the child by birth parent/s to safe haven provider or from the report by a finder that a foundling was discovered, as applicable, inform the NACC through the RACCO that a child has been relinquished in its custody, including all information surrounding the identity and circumstances of abandonment of the child.” (Emphasis and underscoring ours)

Clearly, a safe haven, such as a church, must take care of the baby and has the duty to immediately report the matter to the National Authority for Child Care through the Regional Alternative Child Care Office (Racco). The Safe Haven can continue to provide care and services in line with the foundling’s needs and best interests. If it is determined that the infant was indeed relinquished, the infant is automatically considered a foundling, such that all rights provided under the law shall take effect. Likewise, the safe haven is provided immunity against civil damages, as long as it acts in good faith and without gross negligence, thus:

“Section 16. Immunity for the Safe Haven Provider. – A safe haven provider who receives an infant pursuant to this Act shall not be liable for any civil damages for any act or omission done in maintaining custody of the infant: Provided, That the safe haven provider acts in good faith without gross negligence.”

Considering the foregoing, your church may take care of the infant and consider it a foundling under the law. Your church must, within 48 hours, report the matter to the Racco which has jurisdiction over your place. The church, as a safe haven, may also continue to take care of the infant as long as the Department of Social Welfare and Development allows you to, or until the infant is placed on adoption.

We hope that we were able to answer your queries. Please be reminded that 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 dearpao@manilatimes.net