OBSTACLES TO ITS PASSAGE

Adequacy of Budget

Atty. Richard Allan Lim, Clerk of the Family Court Branch 85 contended that the law
proposal is constitutional; it promotes social justice and is feasible. But he stated that “even the
most well-meaning laws without the proper resources to implement them would not be able to
achieve their goals. For example, several government agencies, such as the DSWD for
example and in my observation, do not have the necessary forces in terms of people for full
implementation of their current programs.”

Atty. Christian Linag, one of the lawyers interviewed in the Integrated Bar of The
Philippines affirmed that this law proposal is constitutional because this is under the police
power of the State. He even stated that this law is feasible in terms of substance, but becomes
a different matter when it comes to feasibility to budget.

Legal Impediment

In an interview with lawyers, social workers and a pastor from a religious sector, all of
them agreed that the law proposal is remarkable and very beneficial to orphaned minors and
their guardian. But they raised the issue of corruption and abuse of power of authorized persons
under this law proposal.

Corruption and Abuse of Power

Pastor Lloyd, the Head of Victory Church Baliwag, stated that the church and its
views must be taken in consideration in implementing this law. Knowing the agents of the
government they are very close to sin and temptation, in particular, corruption. “Dapat! Tama
lang talaga na dapat i-consider and church sa pag iimpliment ng mga batas. Ang problema kasi
sa mga mambabatas natin, nagpapatupad sila ng batas para solusyonan and isang problema
pero hindi nila pinapansin kung saan nanggagaling yung problema. Bakit di nila pinapansin?
Kasi hindi sila aware. Dito pumapasok ang Church, ang simbahan ang sumasagot at nagbibigay
kalinawan sa kung ano nga ba ang pinanggagalingan ng problema na hindi kayang maarok ng
mga mambabtas natin. Ano ba kasi ang pinanggagalinagan? Walang iba kundi Corruption.”
Aside from the basic needs, Pastor Lloyd added that parenting is one of the essential thing that
an orphaned minor needs. “Aside sa basic needs – Parenting. Kung ako kasi ang tatanungin,
mas gusto kong magkaroon ng program ditto sa church kung saan magpapatawag, let’s say, 40
parents within the area and i-orient sila para maging adopted parents nitong mga orphan and
obandoned minors. Ngayon nga may newly implemented law kung saan mas pinadali na ang
pagaapon [R.A. 11222 Simulated Birth Rectification Act]. Sa original design kasi ng family, yung
father and provider while yung mother naman ang nag nu-nurture sa mga anak kaya naman
aside sa basic needs, mahalaga talagang mabigyan din ang mga orphan and obandoned
minors ng parenting.” They need someone who will impart values, good morals and someone
who will guide them daily that will hone them to become good citizens of this nation.

Implementation

Rafinal Gonzales of Bahay Pagbabago – Baliwag stated that the orphaned minors
really need financial assistance and guidance. He added that the law proposal is good but will
be struggling in implementation. “Yung implementation nyan, kagaya nung sa 4P’s may mga
ilan na umaabuso. Maganda yung proposal nyo pero I ensure sana ang strict implementation”

PROPONENT’S PERCEPTION TOWARDS PUBLIC ACCEPTANCE

Kirstine Abby R. Mendoza a psychologist when asked what the common problems that orphans and
abandoned minors experience, answered that “Abandonment of parental figure in an early age of a child could
lead to complex issues. A child could develop a disengaged behavior which is characterized by lack of trust
and disengaged social relationship to people or A disinhibited behavior which is characterized by extreme need
to be attached to a person. Such condition could be determined by biological, psychological and sociological
factors. Common problems involve either lack of trust to other individuals or desperate need for attachment.
The said behavioral manifestation may stem out to different mental health issues such as mood irregularities,
anxiety, defalted sense of self-worth and social rebellion.” She also added that these vulnerable children shall
feel that they are also valued. If they will be living in a community which protects and upholds the welfare of
the orphans and abandons, they will feel protected and safe. By this, they will realize that they are also belong
to the society.

“Syempre sang-ayon ako na sana mapatupad ‘to. Dahil alam ko na yung hirap ng isang
batang naulila, alam ko na kahit papaano, makakatulong talaga ‘to sa kanila. Naranasan ko na
kutyain ako, na asarin ako kasi wala na kong totoong magulang pero dahil may counseling dito,
feeling ko mababawasan yung sakit na nadudulot sa ‘kin ng pagkawala ng parents ko. Hindi
lamang ‘yon, matutulungan din nito yung mga guardian na hindi naman talaga ganoon kalaki
ang kita o yung mga salat sa buhay.” This is the insight of Mary Rose San Juan, an orphaned
minor regarding the benefits privileges that she will be receiving incase this law proposal will be
approved by the Congress. The benefits and privileges under this proposal cannot replace the
love, care and guidance that a real parent can give to his child but this will definitely ease the
problems that an orphaned minor is facing in his daily life.
 An orphaned minor also elevated the issue of psychological assistance. It would be good
to receive basic needs from the government, but it would be sympathetic if they will be providing
psychological aid knowing that these orphaned minors are longing for love, care and guidance.
“For me, it’s psychological aid. I’m blessed na rin na may nagbibigay sa ‘kin ng medyo malaking
allowance pero iba pa rin talaga na may pera ka na, masaya ka pa. Bukod sa school expenses,
di ko na alam kung saan gagastusin pera ko. Yes, may mga friends ako pero hinahanap-hanap
ko pa rin yung love and joy coming from my parents. Gusto kong maranasan na maging
genuinely happy ulit kagaya ng dati. Right now, I need someone to talk to and matutulungan
ako to release all the sad feelings and stress ko ngayon through counseling. I’m prone to
depression din kasi kaya sobrang hirap mag-aral. Nahihirapan ako mag-focus kasi wala na
naman akong motivation sa buhay. ”

A guardian of an orphaned minor stated that this simple proposal would be helpful for both
the guardian and the orphaned minor but it would be better if money would be given as financial
assistance. But this would be subject to different anomalies if money will be involved, therefore
the researchers decided to issue vouchers and discount cards as replacement for monetarary
assistance. “Syempre sang-ayon din ako dito. Napakahirap ng buhay, kaya yung simpleng
ganito… talaga naman matutulungan yung mga tumatayong magulang at yung bata para
maraos ang bawat araw. Siguro ang maisa-suggest ko lang, sana pera na lang talaga ibigay
talaga. Kasi kagaya namin sa mahihirap at malayo sa bayan, hindi naman namin madalas maa-
avail yung ganito.”