Text of the provision
Sec. 21. Violations and Penalties. –
(a) The penalty of imprisonment ranging from six
(6) years and one
(1) day to twelve
(12) years and/or a fine not less than Fifty thousand pesos (P50,000.00), but not more than Two hundred thousand pesos (P200,000.00) at the discretion of the court shall be imposed on any person who shall commit any of the following acts:
(i) obtaining consent for an adoption through coercion, undue influence, fraud, improper material inducement, or other similar acts;
(ii) non-compliance with the procedures and safeguards provided by the law for adoption; or
(iii) subjecting or exposing the child to be adopted to danger, abuse, or exploitation.
(b) Any person who shall cause the fictitious registration of the birth of a child under the name
(s) of a person
(s) who is not his/her biological parent
(s) shall be guilty of simulation of birth, and shall be punished by prision mayor in its medium period and a fine not exceeding Fifty thousand pesos (P50,000.00). Any physician or nurse or hospital personnel who, in violation of his/her oath of office, shall cooperate in the execution of the abovementioned crime shall suffer the penalties herein prescribed and also the penalty of permanent disqualification. Any person who shall violate established regulations relating to the confidentiality and integrity of records, documents, and communications of adoption applications, cases, and processes shall suffer the penalty of imprisonment ranging from one
(1) year and one
(1) day to two
(2) years, and/or a fine of not less than Five thousand pesos (P5,000.00) but not more than Ten thousand pesos (P10,000.00), at the discretion of the court. A penalty lower by two
(2) degrees than that prescribed for the consummated offense under this Article shall be imposed upon the principals of the attempt to commit any of the acts herein enumerated. Acts punishable under this Article, when committed by a syndicate or where it involves two
(2) or more children shall be considered as an offense constituting child trafficking and shall merit the penalty of reclusion perpetua. Acts punishable under this Article are deemed committed by a syndicate if carried out by a group of three
(3) or more persons conspiring and/or confederating with one another in carrying out any of the unlawful acts defined under this Article. Penalties as are herein provided, shall be in addition to any other penalties which may be imposed for the same acts punishable under other laws, ordinances, executive orders, and proclamations. When the offender is an alien, he/she shall be deported immediately after service of sentence and perpetually excluded from entry to the country. Any government official, employee or functionary who shall be found guilty of violating any of the provisions of this Act, or who shall conspire with private individuals shall, in addition to the above-prescribed penalties, be penalized in accordance with existing civil service laws, rules and regulations: Provided , That upon the filing of a case, either administrative or criminal, said government official, employee, or functionary concerned shall automatically suffer suspension until the resolution of the case.
Domestic Adoption Act of 1998, Republic Act No. 8552 (1998). Reproduced in full from the official enactment and verified word-for-word against the LawPhil and ChanRobles renderings.
What this section means
Imprisonment of six (6) years and one (1) day to twelve (12) years and/or a fine of P50,000.00 to P200,000.00 is imposed for obtaining adoption consent by coercion, undue influence, fraud or improper inducement, for non-compliance with the law’s procedures and safeguards, or for exposing the child to danger, abuse or exploitation. Simulation of birth — causing a fictitious birth registration under a non-parent’s name — is punished by prision mayor in its medium period and a fine not exceeding P50,000.00, with any complicit physician, nurse or hospital staff also permanently disqualified; breaching record confidentiality draws one (1) year and one (1) day to two (2) years and/or a fine of P5,000.00 to P10,000.00. Attempts are punished two (2) degrees lower; acts done by a syndicate of three (3) or more persons, or involving two (2) or more children, count as child trafficking punished by reclusion perpetua. Penalties are on top of those under other laws, an alien offender is deported after serving sentence and permanently barred, and a government offender faces civil service penalties plus automatic suspension once a case is filed.
Related provisions
- Section 20 — Effects Of Rescission.
- Section 22 — Rectification Of Simulated Births.
Cases citing this section
- Authorities on this section will be added here as each is verified against primary sources.