2.0 JAN 2015

Republic of the Philippines o PN

HOUSE OF REPRESENTATIVES NG ~ fps
Quezon City, Metro Manila \%,

Sixteenth Congress
Second Regular Session

House Bill No,_ 5336

Introduced by Honorable Roy M. Loyola

EXPLANATORY NOTE

“.... they who protected the weakness of our infancy, are entitled to our
protection in the infirmity of their age; they who by sustenance and education
have enabled their offspring to prosper, ought in return to be supported by that
offspring, in case they stand in need of assistance.'

The rules requiring children to support their parents have existed for
thousands of years. In the third century A. D., there were statutory mutual
obligations of support and maintenance between children and parents in Roman
society. In medieval Europe, ethics dictated support of relatives. This ethical
standard developed by custom and usage into support laws from parent to child
and, ultimately, from child to parent. Later, a law imposing a duty of parental
support on children was incorporated in the Code Napoleon. In 1601, a relative
responsibility statute enacted by English Parliament in 1597, which applied only
to parents and children, was extended to additional collateral relatives. *

In the United States, 30 states have filial responsibility laws: Alaska,
‘Arkansas, California, Connecticut, Delaware, Georgia, Idaho, fowa, Indiana,
Kentucky, Louisiana, Maryland, Massachusetts, Mississippi, Montana, Nevada,
New Hampshire, New Jersey North Carolina, North Dakota, Ohio, Oregon,
Pennsylvania, Rhode Island, South Dakota, Tennessee, Utah, Vermont, Virginia
and West Virginia.

States with filial responsibility statutes take a variety of approaches to
enforcement: some allow some sort of civil court action to obtain financial support
(or cost recovery), others specify a criminal penalty for filial non-support, while
some states allow both civil and criminal actions.

We Filipinos are well-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 Code imposes on us the legal obligation to support our elderly. Article
1965 of our Family Code provides:

‘wm. Blackstone, Commentaries on the Laws of England p. 442 (1765)
2 A comparative analysis of Filial Responsibility: Italy and United States by Anna Maria De Giacomo


Art. 195. Subject to the provisions of the succeeding articles, the

following are obliged to support each other to the whole extent set
forth in the preceding article:

(1) The spouses;
(2) Legitimate ascendants and descendants;

(3) Parents and their legitimate children and the legitimate and
illegitimate children of the latter;

(4) Parents and their illegitimate children and the legitimate and
illegitimate children of the latter; and

(5) Legitimate brothers and sisters, whether of full or half-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 taking care of the elderly
members of the society is not only the function of government but rather a shared
responsibility of government and the children of said elderly. The care for the
aged is neither an exclusively private matter to be left to the family nor an
exclusively public concern best left to the government.

This proposed bill therefore seeks to further strengthen filial responsibility
and makes it a criminal offense in case of flagrant violation thereof.
Abandonment of a parent in need of support shall likewise constitute a criminal
act. A parent who is in need of support may file a petition for support before the
court and pray for the issuance of a support order against those children who
failed or refused to provide the same. The legal representation of the parent in
need of support will be provided by the Public Attorney's Office and no court fees
will be assesed. This bill also seeks to establish Old Age Home for the elderly,
sick or otherwise incapacitated parents in every province and highly urbanized
cities,

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

M. LOYOLA


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

Sixteenth Congress
Second Regular Session

House Bill No.__ 5336

Introduced by Honorable Roy M. Loyola

AN ACT
PROVIDING FOR PARENT SUPPORT, AND FOR OTHER PURPOSES.

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 “Parents Welfare
Act of 2014".

SEC. 2. Declaration of principle —Pursuant to Article XV, Section 4 of the
Constitution, it is the duty of the family to 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 not capable of
supporting themselves.

SEC. 3. In this Act, unless the context otherwise requires, 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 or those over the age
of majority but are unable to fully take care of themselves because of a
physical 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
themselves;

°)

“support” includes provisions indispensable for sustenance, clothing,
residence, medical attendance and treatment, recreation and other
amenities necessary for the parent in need of support to lead a 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
himself/herself from his/her own earning or out of the property owned by him/her
or who is incapacitated or otherwise incapable of supporting himself/herself shall
be given support by his/her children.


If the parent concerned has several children, the support to be given shall
be divided among them in proportion to their resources or financial capacity 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 to fully take care of themselves because of a physical
or mental disability 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 Support before a court of competent jurisdiction.

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 a period as the court may
determine taking into consideration the circumstances of the parties. The manner
and method of payment of support shall also be under the discretion of the court.

SEC. 7. Option in the Fulfillment of the Obligation to Support — The
children of the parent in 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 parent concerned. The latter alternative
cannot be availed of in case there is a moral or legal 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 shall include the name of the children required to give support,
the amount necessary for the support of their parent and the share of each of the
children.

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

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

In case of urgent need and by special circumstances, the court may order
only one of the children to furnish the support provisionally, without 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 to support the parent concerned. Children against whom a petition for
support has been filed may implead other children who are similarly liable to give
said support.

The death of one of the children of the parent in need of support will not
affect the liability of others.

The petition shall be resolved within ninety (90) days from the 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. 10. Contents of the Petition — The petition must state the following:

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

b) 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;

c) that the parent in need of support is unable to maintain himself/herself
from his/her own earning or out of the property owned by him/her or that
he/she is permanently incapacitated or otherwise incapable of supporting
himself/herself,

d)

the names of the children, their degree of relationship with the parent in
need of support and their current status; and,

e)

the approximate amount and care needed by the parent in need of
support.

SEC. 11. Who may file Petition for Support. ~The Petition for Support may
be filed by any of the following:

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;

c) 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 social workers of local government units (LGUs);

e)

lawyer or healthcare provider of the parent in need of support;

f) any person or institution who has the care of the parent in need of support;

At least two (2) concered responsible citizens of the city or municipality
where the parent in need of support resides.

g,

SEC 12. Support Pendente Lite - The court, during the pendency of the
proceeding, shall, 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 Attorney'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 Fees — 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 of the parent in need of support, taking into account
reasonable expenses for housing and medical costs;

b)

the income, earning 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 financial resources of the
respondent/s;

2)

the expenses incurred by the respondent in supporting his/her own
requirements, his/her spouse and that of his/her children; and,

f)_ 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 — If 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 to 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 his/her
children or where other children is joined as a respondent, or for other good
cause shown to the satisfaction of the court.

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 mediation.

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, That, 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 (Php100,000.00) 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. 21. Establishment of Old Age Home — It 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.

SEC. 23. Repealing Clause. — All laws, decrees, orders and issuances or
portion thereof which are inconsistent with the provisions of this Act are hereby
repealed or modified accordingly.

SEC 24. Effectivity. - This Act shall take effect fifteen (15) days after its
publication in at least two (2) national newspapers of general circulation

Approved,