Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTIT CONGRESS
First Regular Session

House Bin 9073

Introduced by REP SALVIO B. FORTUNO.

EXPLANATORY NOTE

We Filipinos are wetl-known for our close family ties. Because of this close
family ties, we have the usual inclination to care for our elderly, However, even
with this close family ties, there are elderly, sick and incapacitated parents who
were abandoned by their children. The sights of abandoned elderly in our streets
are now common. Children fail to provide the necessary support to their aging,
sick and incapacitated parents. “This happens despite our moral and natural
obligation to maintain our parents who are in need of support. On the same vein,
our Family Gode imposes on us the legal obligation te support our elderly. Article
195 of our Family Code provides:

Art. 195. Subject to the provisions of the succeeding articles, the
fol lowing are ob! iged to support each other io the whole extent set
forth in the preceding anicle:

(1) The spouses;

(2) Legitimate ascendants and descendants;

(3) Parents and their legitimate children and the legitimate and illegitimate

children of the latter;

(A) Parents and their ilegitimate children and the legitimate and illegitimate

children of the latter; and


(5) Legitimate brothers and sisters, whether of full or hatf-blood.

However, despite said provision of the Family Code, many elderly who no
longer have any means of supporting themselves are being neglected and
abandoned by their children, While government is doing its best in providing
support in the form’ of food and shelter as well as enacting legislations like the
Senior Citizens Act, it cannot be over-emphasized that the taking care of the
elderly members of the society is not only the function of government but rather it
is a shared responsibility of government and the children of said elderly. The care
for the aged is neither an exclusively private matter to be [eft to the family nor an

exclusively public concer best left to the government.

In light of the foregoing, the passage of this bill is earnestly requested,

SALVIQ B, FORTUNG

5" Disfrict, Camarines Sur


Republic of the Philippines
HOUSE OF REPRESENTATIVES,
Quezon City

FIFTEENTH CONGRESS
First Regular Session

House Bill No, 5073

Introduced by REP SALVYO B. FORTUNO

AN ACT
PROVIDING FOR PARENT SUPPORT, AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in
Congress Assembled,
SECTION 1. Short Title, - This Act shall be known as the "Parents Welfare Act
of 2011",

SEC. 2. Declaration of principle - Pursuant to Article XV, Section 4 of the
Constitution, it is the duty of the family 10 take care of ‘its elderly members while the
State may design programs of social security for them. Therefore, the State, together
with the children of parents in need of support, must promote the welfare of
parents who are aged, sick, incapacitated and oot capable of supporting

thernselves.

SEC. 3. In this Act, wnless the context otherwise reguires, the following
definition of terms shall be adopted:

a) “children” includes son, daughter, grandson, granddaughter, whether
biological or adoptive, but does not include a minor ar those over the age of
majority but are unable to fully take care of themselves because of a

physicat or mental disability or condition,

b) “parent in need of support” refers to the father or mother or other direct

ascendants who is a senior citizen, aged, sickly, or who regardless of age is


permanently incapacitated or otherwise not capable of — supporting

th

selves;

©) "support” includes provisions in

spensable for sustenance, clothing,
residence, medical attendance and treatment, recreation and. other amenities
necessary for the parent in need of support to lead 2 normal life and in keeping

with the financial capacity of the family;

SEC. 4, Support - A parent in need of support who is unable to maintain
himsel(?herself from his/her own eaming or out of the property owned by him/her or
who is incapacitated or otherwise incapable of supporting himsei(/herself shall be
given support by his/her children. I f the parent concerned has several children, the
Support to be given shall be divided among them in proportion to their resources. or

financial capacily and

in such manner as may be just and equitable

Grandchildren shall only be liable to support their ascendants if the
children of such ascendants cannot fulfill their duty to support due to death,
illness or they are unable (o fully take care of themselves because of a physical or
mental disabitity or condition

SEC. 5, Demand for Support - No demand for support is necessary before the
obligation to. support accrues. However, prior request for support which was denied

or unacted within an unreasonable period of time is a requirement for the filing of a

Petition for Suppart before « court of competent jurisdi

SEC. 6 Payment of Support - in instances where the parent in need of
support is not being maintained by his/her children in their dwelling, or only one of
the children of the parent concerned is taking care of him/her in his/her
dwelling, the share for the support of such parent by children who has no custody shall

be paid within the first five (5) days of every. month

‘The court, in its discretion, may order for the payment of a lump sum, or a
monthly allowance or periodical payment for such @ period as the court may
determine taking into consideration the circumstances of the parties. ‘Ihe manner and
method of payment of support shall also be under the discretion of the cour.


SEC. 7. Option in the Fulfillment of the Obligation to Support ~The

children of the parent

need of support shall have the option to fulfill the

obligation either by paying the support fixed by the Support Order, or by
receiving and maintaining in the family dwelling the parcat concerned. The latter
alternative cannot be availed of in case there is a moral or iegal obstacle thereto.

SEC. 8. Support Order - A support order is an order issued under this act
for the purpose of compelling the children to provide the necessary support to

their parent.

The order shail include the ame of the children required to give support,
the ainount necessary for the support of their parent and the share of cach of the
children

It shall be immediately. executory and no temporary restraining order or
injunction shall be issued by any court, except the Supreme Court, to stay the said

order.

The order may be modified from time to time, upon motion of the
applicant, according to the nevessities of the reCipient and the resources or
means of the children obliged to furnish support.

Tw ease of urgent need and by special circumstances, the court may order
only one of the childrcn to furnish the support provisionally, withont prejudice to

his/her right to claim from the other children the share due from them.

SEC. 9. Petition for Support - A Petition for Support may be filed in the
regional trial court with territorial jurisdiction over the place of residence of the
petitioner: Provided, however, that if a family court exists in the place of
residence of the petitioner, the application shall be filed with that court. The petition
may be filed against one or more persons who have the
obligation t0 support the parent concemed. Children against whom a petition for
support has been filed may implead other children who are similarly liable to give said

support.

in need of support witl not

The death of one of the children of the pare
affect the liability of others.


The petition shall be resolved within ninety (90) days from die date of the

service of summons to the respondents The period may be extended once for a

maximum period of thirty (30) days in exceptional circumstance and the reason’s to be

stated in the Order or decision,

SEC.

SEC,

10. Contents af the Petition - The petition must state the following:

a) the identity of the parent in need of support, his/her residence and age;

) the facts showing that the parent in need of support is a senior
citizen, aged, sickly, or who regardless of age is permanently

incapacitated or otherwise not capable of supporting himself/herself;

©) dat the parent in need of support is unable 10 maintain
himself/herself from hisher own earning or out of the property owned
by him/her or that he/she is perimanently incapacitated or otherwise

incapable of supporting himseliherself;

d) the names of the children, their degree of relationship with the
parent in need of support and their current status; and,
€) the approximate amount and care needed by the parent in need

of support

LI. Who may fite Petition for Support. “The Petition for Support may be

filed by any of the following

a) the parent in need of support;

b) children of the parent in need of support against those who do not

provide or contribute for the support of the former;

©) ascendants, descendants or collateral relatives within the fourth

civil degree of consanguinity or affinity;
d) officers or social workers of the Department of Social Welfare
and Development (DSWD) or sociat workers of local government units

(LGUs);

€) lawyer or healtheare provider of the parent in need of support;


£) any person or institution who has the cure of the parent in need of

supports

g) At least evo (2) concerned responsible citizens of the city or

municipality where the parent in need of support resides,

SEC 12. Support Pendente Lite ~The court, dung the pendency of the
proceeding, shull, in accordance with the provisions. of the Rules of Court, order

such children to provide interim support to their parent

SEC.13. Right to Legal Representation ~The parent in need of support shall
be represented by the Public Attomey's Office notwithstanding that the petition

was filed by other persons or institutions for and in behalf of such parent

SEC. 14, Payment of Court Kees - The Petition for Support filed by the
parent in need of support shall be exempt from all court charges and fees
whether they filed the petition for support personally or the same was filed in their
behalf,

SEC. 15. Circumstances to be Considered in the Issuance of Support

Order ~The court, in granting the Petition for Support, shall consider, but shall not

be limited to, the following circumstances:

a) the financial needs ofthe parent in need of support, taking into account

reasonable expenses for housing and medical costs;

b) the income, eaming capacity, property and other financial resources of the
parent concerned and the manner in which such parent has spent his/her
savings or dissipated his/her financial resources;

€) the physical or mental disability of the parent concerned;

d) the income, earning capacity, property and other Ginancial resources of

the respondentls;

¢) the expenses incurred by the respondent in supporting his/her own

requirements, histher spouse and that of his/her children; and,


#) the contributions and proVisions, whether financial or otherwise, which the

respondent has made for the maintenance of his/her parent,

SEC. 16, Ground for Non-Issuance of Support Order -1f the court
determines after due notice and hearing that the parent in need of support
abandoned, abused or neglected the respondent, it may dismiss the petition or may

reduce the quantum of support ordered by such amount as may be just,

The burden of proving abandonment, abuse or neglect shall be on the

respondent alleging it.

SEC. 17. Power of the Court 1 Vary or Rescind Support Order ~The
court may vary or rescind any subsisting Support Order based on any
misrepresentation or mistake of fact, or where there has been any material
change in the circumstances of the parent in need of support or any of hivher
children or where other children is joined as a respondent, or for other good

cause shown (0 the satisfaction of the caurt

SEC. 18. Conciliation and Mediation - In order to preserve the family unity and
peace, the court, before hearing the petition, shall refer the parties to a

conciliation officer for medi

SEC. 19, Effect of Failure to Give Support - Where a Support Order has
been issued by the court and the children so ordered fail to comply, without
sufficient cause or reason, the court may, for every breach of order issue a

warrant for levying the amount due in the manner provided for levying of fines.

Provided, ‘What, if the respondent continues to fail in giving said support for
three consecutive months without justifiable cause, the respondent shall suffer the
penalty of imprisonment of one month to six months or a fine of one hundred

thousand pesos (Php (00,000.00) at the discretion of the court

SEC. 20, Abandonment of a Parent in need of support ~ Whoever, having
the care or protection of a parent in need of support, leaves such parent in any

place with the intention of wholly abandoning the latter shall be punished with

imprisonment of six (6) years to ten (10) years and a fine of'not less than three

hundred thousand pesos (P 300, 000.00),

SEC. 2, Establishment of Old Age Home - is hereby mandated that all

provincial government and highly urbanized cities shall establish and maintain at


least one (1) Old Age Home that can accommodate at least fifty (50) parents.

SEC. 22, Separability Clause. -If any provision of this Act is declared
unconstitutional, the same shall not affect the validity and effectivity of the other

provisions thereof.

portion thereof which arc inconsistent with the prOVisions of this Act are hereby

repealed or modified accordingly.

SEC 24. Effecrivity. - This Act shall take effect fifteen (15) days after its

publication in at least two (2) national newspapers of general circulation.