Dear PAO,

My kasambahay died while giving birth. Since I was the only companion she had during childbirth and I do not have any children, I decided to list my name as her son's mother. I took care of her child and treated him as my own. Moving forward, I just want to know if what I did was legal. What can I do to correct the situation?

Vernice

Dear Vernice,

Please be informed of Article 347 of the Revised Penal Code, which states that:

'Art. 347. Simulation of births, substitution of one child for another and concealment or abandonment of a legitimate child. — The simulation of births and the substitution of one child for another shall be punished by prision mayor and a fine of not exceeding 1,000 pesos.

'The same penalties shall be imposed upon any person who shall conceal or abandon any legitimate child with intent to cause such child to lose its civil status.

'Any physician or surgeon or public officer who, in violation of the duties of his profession or office, shall cooperate in the execution of any of the crimes mentioned in the two next preceding paragraphs, shall suffer the penalties therein prescribed and also the penalty of temporary special disqualification.'

Based on the above-stated law, simulation of births and the substitution of one child for another are punishable by law. Simulation of birth covers circumstances where any person or persons tampered or falsified documents from civil registry to make it appear that a child was born to a person who is not the child's biological mother, thus, altering the identity and/or status of the child. However, in 2018, Republic Act 11222 or the 'Simulated Birth Rectification Act' was enacted. Section 4 of the said Act states:

'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.'

The said law provides for the rectification of simulated birth records, amnesty from criminal, civil, and administrative liability for those who simulated the birth record of a child, and a simplified administrative adoption proceeding. All of these are subject to an indispensable requisite that the simulation of the birth record was carried out consistently for the best interest of the child, and that such child has been consistently considered and treated by the person or persons who simulated such birth as her, his, or their own daughter or son.

In your case, you committed the crime of simulation of birth when you made it appear that her son was yours by the expedient means of writing your name in the mother's name section of the birth certificate of the child. Nonetheless, despite simulating the birth of your kasambahay's child, the law allows you to rectify your wrong by first proving that the simulation you committed was made for the best interest of the child and that you have consistently considered and treated the child as your own, and second, by filing a petition for adoption within 10 years from 2018. If you follow these steps, you will be exonerated from your criminal, civil, and administrative liabilities for simulating the birth of your kasambahay's child.

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.