kta ., 
THIRTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILJPPINES 
Second Regular Session 
, 5 AuG.23 P2.557 . 
, *  
Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
The 1987 Constitution in Article XIV, Section 3, paragraph 2, provides that the State 
shall defend the right of children to assistance, including proper care and nutrition, and special 
protection from all forms of neglect, abuse, cruelty, exploitation and other conditions prejudicial 
to their development. 
Furthermore, the Family Code in Article 105, paragraphs 3 and 4, provides that parents, 
as well as their children, whether legitimate or illegitimate, are obliged to support each other. 
In line with the aforesaid provisions, this bill aims to criminalize willful failure or refusal 
to pay predetermined child support obligations. 
There are children, both legitimate and illegitimate, who are forced to live with one 
parent because their parents are not living together. Although the obligation to support a child is 
the responsibility of both parents, there are a number of parents - especially those who live apart 
from the child who continuously refuse to financially support their children even if they have the 
capacity to do so. 
Therefore, in order to deter irresponsible parents from evading their financial 
responsibility to their children, this bill aims to impose a penalty for such evasion. 


THIRTEENTH CONGRESS OF THE REPUBLIC) 
’ 23 P257 
/- 
OF THE PHILIPPINES 
) 
Second Regular Session 
) 
Introduced by Senator Miriam Defensor Santiago 
AN ACT 
PENALIZING WILLFUL FAILURE TO PAY LEGAL CHILD SUPPORT OBLIGATIONS 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled: 
SECTION 1. Short Title. - This Act shall be known as the “Child Support Act of 2005.” 
SECTION 2. Declaration of Policy. - It is hereby declared the policy of the State to 
defend the right of children to assistance, including proper care and nutrition, and special 
protection from all forms of neglect, abuse, cruelty, exploitation and other conditions prejudicial 
to their development. This Act aims to apply said policy by criminalizing willhl failure or 
refusal to pay predetermined child support obligations. 
SECTION 3. Definition Of Support Obligation. - For purposes of this Act, the term 
“support obligation’’ means any amount determined under a court order or an amount determined 
under a binding contract to be due to a person for the support and maintenance of a child or of a 
child and the parent with whom the child is living. 
SECTION 4. Offense. - Any person who: (1) willhlly fails to pay a support obligation 
with respect to a child or the child and the parent the child is residing with, if such obligation has 
remained unpaid for a period longer than one (1) year, or the amount is greater than thirty 
thousand pesos (P30,OOO.OO); or (2) travels locally or abroad with the intent to evade a support 
obligation, if such obligation has remained unpaid for a period longer than one (1) year, or is 
greater than thirty thousand pesos (P30,000.00), shall be punished as provided in Section 6. 
9 


SECTION 5. Presumption. - The existence of a support obligation that was in effect for 
the period charged in the information creates a rebuttable presumption that the obligor has the 
ability to pay the support obligation for that time period. 
SECTION 6. Penalties. - The penalty for an offense under this Act is: (1) in the case of 
the first offense under Section 4(1), a fine equivalent to the amount of the unpaid support 
obligation or imprisonment for not more than six (6) months, or both, at the discretion of the 
court; and (2) in the case of an offense under Section 4(2), or a subsequent offense under Section 
4( I), a fine equivalent to twice the amount of the unpaid support obligation or imprisonment for 
not more than two (2) years, or both, at the discretion of the court. 
' 
SECTION 7. Venue. - With respect to an offense under this Act, an action may be 
instituted and prosecuted in the proper court that has jurisdiction over the place in which the 
child subject of the support obligation involved resided during the period in which the obligor 
failed to pay the obligation. 
SECTION 8. Separability Clause. - If any provision or part thereof, is held invalid or 
unconstitutional, the remainder of the law of the provision not otherwise affected shall remain 
valid and subsisting. 
SECTION 9. Repealing Clause. - Any law, presidential decree or issuance, executive 
order, letter of instruction, administrative order, rule or regulation contrary to, or inconsistent 
with, the provisions of this Act is hereby repealed, modified or amended accordingly. 
SECTION 10. Effectivity Clause. - This Act shall take effect fifteen (15) days after its 
publication in at least two (2) newspapers of general circulation. 
Approved.