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Republic of the Philippines

HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
Second Regular Session

HOUSE BILL NUMBER 14344

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Introduced by Honorable Congressman Ricardo Yniguez
Congressional Representative, Iligan City Lone District
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Two (2) Child Policy of 2013


An Act setting a Maximum number of Children
a husband and wife can have throughout their Marriage life,
Providing penalties for violations thereof

EXPLAINATORY NOTE

The underpinnings of this proposed bill is the commitment to the policy of the State
to recognize the sanctity of family life, to protect and strengthen the family as a
basic social institution and to the recognition of the vital role of the youth in nation-
building and the promotion of their physical, moral, spiritual, intellectual and social
well-being.

It is believed that in order to best promote said State Policies, laws to such effect
must be crafted in consonance with the present context of the country.

The Philippines, an archipelagic country with a total land area of 300,000 square
kilometers, has a population of 92.34 million as of 2010, according to the official
data of the National Statistics Office (NSO). This means that there was a radical
increase of 15.8 million from the 76.3 million counted in 2000. Of the 2010
population, 30.7 million are children below 15 years of age. In 2011, the population
density of the country reached to 318.11 per square kilometer. In international
standards, the ideal population density is up to 100 people per kilometer, beyond it
is considered undesirable and entails social and economic hazards.

Studies all over the world showed that population explosion and congestion has a
direct relation to the issues of pollution, non-conducive dwelling and living
environment, poverty, poor access and attention to health and education services,
among others.

In the household level, study revealed that among families belonging to the poor
and middle class, the size of the family is a huge factor in terms of the parents
ability to give proper care and attention to their children, as well as their capacity to
provide quality education.

In the social and economic aspect, studies further revealed that population
explosion threatens the food sources of the society. It also contributes to the
massive conversion of agricultural lands into residential and commercial areas,
thereby sacrificing food security to answer for housing and commercial needs. The
Philippines is also among the countries where there is an over-supply of labor force,
which means that the economy can no longer absorb the number of population that
needs job.

In order, to answer this present prevailing condition, there is therefore a need for
the State to exercise its power to regulate the number of children that a couple can
have for the benefit of the entire country, for the harmony of the family, for the
well-being of the youth and for the future generation.

Thus, the approval of this bill is deemed imperative.

Hon. Ricardo Yniguez


Representative
Lone District
Iligan City
Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
Second Regular Session

HOUSE BILL NUMBER 14344

---------------------------------------------------------------------------------------------------------------------
-
Introduced by Honorable Congressman Ricardo Yniguez
Congressional Representative, Iligan City Lone District
---------------------------------------------------------------------------------------------------------------------
-

Two (2) Child Policy of 2013


An Act setting a Maximum number of Children
a husband and wife can have throughout their Marriage life,
Providing penalties for violations thereof

Be it enacted by the Senate and the House of Representatives of the Philippines in


Congress assembled:

Section 1. Declaration of Policy It shall be a policy of the State to regulate the


number of children for every couple in their entire marriage life, thereby setting a
maximum number of two (2) children every couple can have.

Section 2. Objective - It is the objective of this act to effectively answer the


present and future challenges of population explosion and congestion in the
Philippines.

Section 3. Definition of Terms The terms used in this bill shall be understood as
follows:

a. Couple composed of a husband and a wife in the contemplation of E.O.


209.
b. Children Refers to the legitimate offspring of a couple within a valid
marriage.
c. Marriage life- refers to the period when the couple became lawfully
married and may last until death or until its dissolution according to law.
Section 4. Coverage The following couples shall be covered by this law:

a. Those who will contract their marriages the day after the affectivity of this
law.
b. Those Filipino couples who live inside the Philippines.
c. Those Filipino citizens who is married to an alien and who choose the
Philippines as their place of domicile.

Section 5. Exemptions The following circumstances exempt couples from the


maximum allowable number of children:

a. When the first two (2) children are of the same sex.
b. When either or both children died.
c. When during the second pregnancy, the mother gave birth to a twin, or
more.
d. When during the first pregnancy, the mother gave birth to a triplet, or
more.

Section 6. Remedies.

a. In case of a circumstance provided in Section 5, paragraph a, the couple


can ask a clearance from the Department of Health (DOH) to be legally
allowed to bear another child for the final and last time.
b. In case of Section 5, paragraph b, the couple should present the death
certificate of the deceased child for them to be legally allowed to bear
another child or children, as the case maybe.

Section 7. Violations and Penalties Violations against this law is deemed


acquired by the couple 24 hours after the birth of the child who is beyond the
allowable number of children.

The following shall be the penalties for violations of this law:

a. Couples who are first time offenders within their entire marriage life shall
be fined Php 100, 000.00, and shall undergo a mandatory seminar on
population control to be given by the Department of Health.
b. Couples who are second time offenders within their entire marriage life
shall be fined Php 250, 000.00. Further, upon the decision of the couple,
one of them shall undergo ligation or vasectomy, as the case maybe,
which is free of charge.

Section 8. Administrative Clause The Department of Health shall ensure the


immediate and effective implementation of this law, and shall be authorized with
the following:

a. To include items in its annual budget for this purpose.


b. To file cases against violators.
c. To collect fines and penalties, after the judicial decision.
d. To promote the wisdom of the policy.
e. To undertake any other initiatives germane to this act.

Section 9. Separability Clause Any provision of this act which may


subsequently be declared as invalid shall not affect the other provisions.

Section 10. Repealing Clause - All laws, decrees, executive orders, department
or memorandum orders and other administrative issuances or parts thereof which
are inconsistent with the provisions of this Act are hereby modified, superseded or
repealed accordingly.

Section 11 - Effectivity Clause - This Act shall take effect after fifteen (15) days
following the completion of its publication in the Official Gazette or in at least two
(2) newspapers of general circulation in the Philippines.

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