Republic of the Philippines
House of Representatives
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

14i4
HOUSE BILL NO,

Introduced by Congressman ALFRED VARGAS

EXPLANATORY NOTE

As indicated in the 1987 Philippine Constitution, it is the duty of the State to defend
a child’s right ¢o 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 is further enshrined in several laws, including the Presidential Decree No. 603 or
the Child and Youth Welfare Code, the Republic Act No. 7610 or the Special Protection of
Children against Child Abuse, Exploitation and Discrimination Act, and the Republic Act No.
9262 or the Anti-Violence against Women and their Children Act.

Every child, whether legitimate or illegitimate, has the right to receive support from
their parents. Support, as defined in Section 194 of the Family Code of the Philippines,
comprises everything indispensable for sustenance, dwelling, clothing, medical attendance,
education, and transportation, in keeping with the financial capacity of the family.

While the State have enacted and implemented several laws that protect a child's
right to support, these laws do not penalize parents who wilfully fails to provide child
support. Hence, this bill

The proposed legislation seeks to punish any person who wilfully fails to pay child
support for at least one year or has an outstanding amount due of Php50,000.00 or more.

In line of the foregoing, the passage of this bill is carnestly sought.

ALFRED VARGAS


Republic of the Philippines
House of Representatives
Quezon City

EIGHTEENTH CONGRESS
First Regular Session
1414
HOUSE BILL NO.

Introduced by Congressman ALFRED VARGAS

AN ACT
PUNISHING THE WILLFUL FAILURE

‘0 PAY CHILD SUPPORT

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

SECTION 1. Declaration of Policy. - It is the policy of the State to promote the best
interests of children and to protect and defend the right of children to child support.

SEC 2, Definition of Child Support. - For purposes of this Act, child support refers
toany amount determined by a court in a judgment, decree, or order to be due froma person
for the support and maintenance of a child. It includes a permanent or temporary order and
an initial order or a modification of an order for child support.

SEC 3. Willful Failure to Pay Child Support. - Any person who wilfully fails to pay
child support, if such an obligation has remained unpald for at least one (1) year or has an
outstanding amount due of fifty thousand pesos (Php50,000.00) or more, shall be punished
by prision correctional under the Revised Penal Code.

SEC 4, Presumption, ~ The existence of a child support obligation that has remained
unpaid for at least one (1) year or has an outstanding amount due of fifty thousand pesos
(Php50,000.00) or more, in spite of demand, as alleged in the Complaint or Information
creates a disputable presumption that the person has wilfully failed to pay child support.

SEC. 5, Probation, ~ Should the parent avail of probation after conviction and
sentence under this Act, the probationer shall meet his or her family responsibilities and pay
child support as part of the condition for probation

SEC. 6. Repealing Clause. - All laws, decrees, orders, rules and regulations or other
issuances or parts thereof inconsistent with the provisions of this Act are hereby repealed
or modified accordingly.



SEC. 7. Separability Clause. - If any part or provision of this Act is declared
unconstitutional, the remainder of this Act or any provision not affected thereby shall remain
in force and effect.

SEC. 11, Effectivity. - This Act shall take effect after fifteen (15) days following the
completion of its publication either in the Official Gazette or in a newspaper of general

circulation in the Philippines

Approved