Any violation of this article shall be punishable by an imprisonment of not more than one year or by a
fine of not more than two thousand pesos, or both such fine and imprisonment at the discretion of the
court: Provided, That if the violation is committed by a foreigner, he shall also be subject to deportation.
If the violation is committed by a parent or legal guardian of the child, such fact shall aggravate or
mitigate the offense as circumstances shall warrant.
Article 161. Duty to Report Abandonment. - When the parents or persons entitled to act as guardian of
a child are dead or, if living, have abandoned him, for no valid reason, for at least six months in a duly
licensed child placement agency or hospital, or left him with any other person for the same period
without providing for his care and support, such fact shall be reported immediately to the Department of
Social Welfare. In case of a child left in a hospital, immediate transfer of the child to the Department of
Social Welfare or any duly licensed child placement agency must be arranged. The Department of
Social Welfare shall make provisions for the adequate care and support of the child and shall take such
action as it may deem proper for his best interests.
Article 162. Adoption of Dependent or Abandoned or Neglected Child. - Upon the filing of an
application by any person to adopt a dependent, abandoned or neglected child in the custody of any
institution or individual mentioned in Article 156, it shall be the duty of the provincial or city fiscal, any
recognized legal association, or any appointed de officio counsel upon being informed of such fact, to
represent the Department of Social Welfare in the proceedings. The costs of such proceedings shall be
de officio.
Article 163. Restoration of Child After Involuntary Commitment. - The parents or guardian of a child
committed to the care of a person, agency or institution by judicial order may petition the proper court
for the restoration of his rights over the child: Provided, That the child in the meantime, has not been
priorly given away in adoption nor has left the country with the adopting parents or the guardian. The
petition shall be verified and shall state that the petitioner is now able to take proper care and custody
of said child.
Upon receiving the petition, the court shall fix the time for hearing the questions raised thereby and
cause reasonable notice thereof to be sent to the petitioner and to the person, agency or institution to
which the child has been committed. At the trial, any person may be allowed, at the discretion of the
court, to contest the right to the relief demanded, and witnesses may be called and examined by the
parties or by the court motu proprio. If it is found that the cause for the commitment of the child no
longer exists and that the petitioner is already able to take proper care and custody of the child, the
court, after taking into consideration the best interests and the welfare of the child, shall render
judgment restoring parental authority to the petitioner.
Article 164. Restoration After Voluntary Commitment. - Upon petition filed with the Department of
Social Welfare the parent or parents or guardian who voluntarily committed a child may recover legal
custody and parental authority over him from the agency, individual or institution to which such child
was voluntarily committed when it is shown to the satisfaction of the Department of Social Welfare that
the parent, parents or guardian is in a position to adequately provide for the needs of the child:
Provided, That, the petition for restoration is filed within six months after the surrender.
In all cases, the person, agency or institution having legal custody of the child shall be furnished with a
copy of the petition and shall be given the opportunity to be heard.
Article 165. Removal of Custody. - A petition to transfer custody of a child may be filed against a
person or child welfare agency to whose custody a child has been committed by the court based on
neglect of such child as defined in Article 141(3). If the court, after notice and hearing, is satisfied that
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